HC quashes MBBS student's suspension in NEET Malpractice case, says NMC can act post-trial if guilty
Madras High Court
Chennai: Granting relief to an MBBS student, who was suspended after being framed with charges of malpractice in the National Eligibility-Entrance Test Undergraduate (NEET-UG) 2024 examination, the Madras High Court recently allowed him to attend classes and appear in the examinations.
The HC bench, comprising Justice C. Kumarappan, opined that suspending a student while the trial is pending would affect his right to pursue studies and jeopardise his future.
However, the bench made it clear that if the petitioner is ultimately held guilty in the trial, the National Medical Commission (NMC) can take an appropriate decision in accordance with law, which may include cancellation of his admission to the medical course.
The petitioner is currently pursuing an MBBS course at the Government Thiruvarur Medical College. He was issued with a suspension order on 15.04.2025 by the Dean of the medical college, allegedly without being given any opportunity of hearing on the grounds that he was framed with the charges of malpractice in the NEET UG 2024 examination. He is currently on bail granted by the Patna High Court.
It was argued by the petitioner's counsel that since the petitioner was arrested and remanded to judicial custody, the Dean had issued the suspension order based on the letter issued by the National Medical Commission (NMC).
Further, the petitioner's counsel submitted that if the petitioner, who was granted bail, was not allowed to attend classes, it would prejudice his education and would affect his eligibility to participate in the examinations. Further, the petitioner's counsel claimed that the petitioner is innocent and was falsely implicated in the criminal case.
The petitioner's counsel relied on a judgment from the Rajasthan High Court in the case of Vikas Vishnoi vs. Controller of Examinations, Rajasthan University of Health Science, Jaipur and Others, where the Court had allowed an accused to continue his MBBS courses subject to certain conditions.
On the other hand, the counsel for NMC and the counsel for DMER, and the Dean and Vice Principal of Government Thiruvarur Medical College strongly objected to these contentions and submitted that the petitioner was arrested on serious allegations of malpractice in the NEET UG 2024 examination and an investigation was currently in progress by the Central Bureau of Investigation.
They further submitted that the petitioner was suspended based on NMC's recommendations and the question of reviving the suspension order would not arise at all, since the conduct of the petitioner was not only unethical but also unbecoming of a student.
After taking note of the submissions, the HC bench opined,
"...this Court is of the considered opinion that as rightly held by the Rajasthan High Court, suspending the petitioner, who is a student, while the trial is pending would affect the petitioner's right to pursue his studies and would jeopardize his future. Moreover, if the petitioner is ultimately acquitted, he would suffer the irreversible and irreparable loss of precious years of his studies."
"The petitioner being a student, this Court would like to have a soft approach, though the allegations against the petitioner are serious in nature. Therefore, suspending the petitioner from College would effectively presume the petitioner guilty and amount to punishment before a final determination by the Competent Court," it observed.
Accordingly, the bench granted the following relief:
(1) The petitioner's suspension order dated 15.04.2025 passed by the 5 th respondent-college is hereby quashed. The suspension is treated as quashed from the date of this order. The respondent college shall forthwith allow the petitioner to attend classes.
(2) If the petitioner fulfills the requisite attendance criteria, he shall be allowed to appear in the ensuing examination in accordance with law. The petitioner shall be allowed to complete the course, but the respondents shall not issue him a degree or register him unless the trial is concluded and he is acquitted of the charges.
(3) If the petitioner is held guilty in the trial, the National Medical Commission (NMC) shall be free to take an appropriate decision in accordance with law, which may include cancellation of his admission to the medical course. It is needless to state that if the petitioner is acquitted, he shall be issued a degree as soon as he is acquitted.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/madras-hc-nmc-neet-298762.pdf
