NEET 2026 cutoff: Bombay HC dismisses plea seeking Centre to lower qualifying marks

Mumbai: Observing that the power to relax the cut-off marks is discretionary and can be exercised only when the condition prescribed under the examination rules is met, the Nagpur bench of the Bombay High Court recently refused to direct the Union Government to lower the qualifying marks for the National Eligibility-Entrance Test Undergraduate (NEET UG) 2026 examination.

The plea in this regard was filed before the High Court by two NEET-2026 candidates who had challenged the August 20 communication of the Union Government rejecting their request to recalculate or relax the qualifying marks. 

It was argued by the petitioners that out of the 22.79 lakh registered candidates, 22.05 lakh had appeared for the original NEET-UG examination, which was held on May 3 and was later cancelled. During the May exam, the absenteeism was 3.27%, the petitioners pointed out. However, the absenteeism rose to 12.27% in the re-examination conducted on June 21. Due to fewer candidates appearing in the examination, the percentile increased. 

On this basis, the petitioners had sought a recalculation based on the number of candidates who had appeared in the original examination. They argued that the circumstances leading to the cancellation were not attributable to them and that the higher qualifying threshold impaired their ability to pursue medical education.

The Central Government, on the other hand, submitted before the Court that 11.21 lakh candidates had qualified for the MBBS/BDS admissions, against 1,42,314 MBBS and 27,825 BDS seats nationwide. It also argued that lowering the threshold for cut-off marks could affect the standard of medical education in the country.

Also Read: NEET Counselling 2026: MCC Releases Provisional Round 3 Seat Allotment Result

According to a TOI report, taking note of their submissions, a division bench of Justices Anil Kilor and Rajnish Vyas noted that the proviso governing relaxation permits Central Government, in consultation with the relevant medical and other regulatory bodies, to lower the minimum marks only when a sufficient number of candidates in the respective category fail to secure the prescribed minimum marks. 

The bench also rejected the argument that the petitioners had an enforceable right to have the qualifying marks reduced. Referring to the precedent set by the Supreme Court, the HC bench observed that it requires a legal right and a corresponding legal duty that has not been performed.

Further, the bench addressed the argument of the petitioners that they would be unable to pursue medical education abroad because National Medical Commission (NMC) regulations require candidates intending to return and practise in India to meet the NEET eligibility threshold.

Referring to this argument, the bench observed that the regulation seeks to maintain a uniform standard for medical education in India and abroad to ensure that the students returning after their medical education abroad are not subject to a different standard of healthcare training.

Relying on the earlier decisions passed by the Supreme Court and Rajasthan High Court, the Bombay HC bench observed that judicial review could. not be used to substitute the court's view for an authority’s statutory discretion or to compel a relaxation when the prescribed condition had not arisen. Accordingly, the High Court bench dismissed the petition.

Also Read: NMC Considers Introducing Percentage-Based Cutoff System for NEET UG Admissions