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Delhi HC Upholds Student's MBBS Admission, Says Right to Education Can't Be Curtailed

The Delhi High Court has allowed a medical student to continue his MBBS course, overturning the cancellation of his admission. The court observed that the right to pursue higher education, while not an explicit fundamental right, is an affirmative obligation on the state and cannot be lightly curtailed. The student's admission was cancelled after the NTA withdrew his NEET-UG 2024 result based on CBI information, though he was only a witness and not an accused. The court found no prima facie evidence of his involvement in malpractice warranting such an extreme step.

Key Points: Delhi HC Allows Student to Continue MBBS, Protects Education Right

  • Court protects student's MBBS admission
  • Right to higher education is an affirmative state duty
  • Admission cancelled over NEET-UG irregularities
  • Student not named as accused, only a witness
  • Court cites lack of proof of malpractice
2 min read

Right to higher education can't be curtailed lightly: Delhi HC allows student to continue MBBS

Delhi High Court rules right to higher education is an affirmative state obligation, allowing a medical student to continue his MBBS after admission cancellation.

"The right to pursue higher or professional education... cannot be permitted to be curtailed lightly - Delhi High Court"

New Delhi, Jan 11

The Delhi High Court has observed that the right to pursue higher or professional education, though not explicitly listed as a fundamental right under the Constitution, imposes an affirmative obligation on governments and cannot be curtailed lightly.

Allowing a writ petition filed by a medical student whose MBBS admission was cancelled amid alleged irregularities linked to the NEET-UG 2024 examination, a single-judge Bench of Justice Jasmeet Singh observed that the government is duty-bound to protect a student's right to continue professional education in the absence of valid, genuine and compelling reasons.

"The right to pursue higher or professional education, even though not explicitly spelt out as a fundamental right in Part III of the Constitution of India, is an affirmative obligation on the part of the State to ensure this right and the same cannot be permitted to be curtailed lightly," the Delhi High Court said.

The petitioner secured admission to the MBBS course at Bhima Bhoi Medical College and Hospital in Balangir, Odisha, after obtaining an All India Rank of 28,106 in NEET-UG 2024. However, his admission was subsequently cancelled after the NTA withdrew his result based on information shared by the Central Bureau of Investigation (CBI).

In the order, Justice Singh observed that the petitioner had secured admission to the MBBS course on the basis of merit through an open entrance examination and that cancellation of such admission would inevitably disrupt his academic progress.

The judgment further took note of the submission made on behalf of the CBI that the petitioner was not arrayed as an accused in the chargesheet filed in connection with the alleged NEET-UG 2024 irregularities, but was cited only as a witness.

In such circumstances, Justice Singh held that there could be no prima facie finding of the petitioner's involvement in any malpractice warranting the extreme step of terminating his admission.

Allowing the petition, the Delhi High Court directed the authorities to permit the petitioner to continue attending his MBBS classes in accordance with the prescribed curriculum.

- IANS

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Reader Comments

P
Priya S
While I'm happy for the student, this NEET mess has shaken our trust. So many irregularities! The authorities need to conduct exams with absolute transparency. Our children's futures are at stake.
S
Sarah B
As an observer, I find the Indian judiciary's role here commendable. Balancing state investigation with individual rights is crucial. Cancelling an admission without concrete proof of wrongdoing is indeed a drastic step.
V
Vikram M
The court's observation about the "affirmative obligation" of the state is powerful. In a country where getting an MBBS seat is a dream for lakhs, the system must be fair and protect genuine students from getting caught in procedural crossfire.
R
Rohit P
I respectfully disagree with the court's leniency here. The entire NEET-UG 2024 process is under a cloud. Allowing anyone linked to the probe to continue studies might set a wrong precedent. What if guilt is established later? The seat could have gone to another deserving candidate.
K
Kavya N
Can't imagine the mental trauma this student and his family went through. His rank was 28,106 – that's a genuine merit-based admission. The NTA and CBI must be more careful before taking such harsh actions. Bhagwan kare woh doctor bane! 💪

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