Delhi High Court

Technical Irregularity in Fee Payment Cannot Defeat a Candidate’s Right to Pursue Higher Education

Kriti Lata(Minor) Through Her Father, Shri Amit Kumar vs Union Of India & Anr.

Delhi High CourtJUDGMENT: May 13, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner, a minor pursuing undergraduate admissions, applied for the CUET UG 2026 examination conducted by the National Testing Agency (NTA).

Source reference: p. 2, 3

She completed the registration and paid the fee of Rs. 1,800 on 27.01.2026, receiving a "payment successful" notification on the portal.

Source reference: p. 2, 3

However, unknown to the Petitioner, the payment was refunded/bounced back on 29.01.2026.

Source reference: p. 3

Upon discovering the "incomplete" status on 05.04.2026, she made representations to the Respondents which went unanswered.

Source reference: p. 3

The NTA opposed the petition, arguing that timelines are sacrosanct, the process is complex, and granting relief would discriminate against thousands of other applicants who missed deadlines.

Source reference: p. 2, 3
02

Issues

1. Whether a candidate can be barred from appearing in a national entrance examination due to a technical irregularity in fee payment when the initial transaction was attempted within the prescribed timeline.

Source reference: p. 3, 4

2. Whether the right to pursue higher education can be defeated by procedural or logistical considerations of the testing agency.

Source reference: p. 5, 6
03

Law Applied

The court applied Article 226 of the Constitution of India regarding the High Court’s extraordinary jurisdiction to ensure substantive justice.

Source reference: p. 1, 5

It relied on the precedent Aarush Jain vs. National Testing Agency And Anr. (W.P.(C) 3859/2026), which held that technical irregularities should not restrain educational dreams.

Source reference: p. 4

Furthermore, it cited the Supreme Court decision in Farzana Batool v. Union of India (2024) 15 SCC 818, which established that the State has an affirmative obligation to facilitate access to professional education, as it is not a "governmental largesse".

Source reference: p. 5
04

Reasoning

The Court observed that the Petitioner had demonstrated bona fide intent by making the payment within the deadline on 27.01.2026.

Source reference: p. 3

It held that the subsequent bounce-back of the fee after two days was a "technical irregularity" rather than a personal fault of the candidate.

Source reference: p. 3

While acknowledging the Petitioner should have been more cautious in monitoring the portal, the Court reasoned that procedural hurdles cannot override the substantive right to pursue higher education.

Source reference: p. 4, 5

The Court dismissed the NTA's concerns regarding logistical disturbances, stating that such administrative issues cannot take precedence over a student’s career aspirations.

Source reference: p. 6

It further noted that the Petitioner was not seeking an unfair advantage or blocking another candidate’s seat, but merely seeking participation.

Source reference: p. 7
05

Holding

The Court allowed the writ petition, holding that substantive justice favors the Petitioner where no fault is personally attributable to them.

The Respondents were directed to take all necessary steps to facilitate the Petitioner's participation in the CUET UG 2026 examination at a convenient center; the Petitioner be given 24 hours' prior written notice of the examination date and mandated the immediate completion of all remaining procedural formalities by the Petitioner.

Source reference: p. 7
Delhi High Court

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Kriti Lata(Minor) Through Her Father, Shri Amit KumarvsUnion Of India & Anr.

Delhi High Court · May 13, 2026

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