Right to pursue higher education cannot be curtailed lightly: Delhi HC allows student to continue MBBS
Delhi High Court
New Delhi: In a recent order, the Delhi High Court ruled that the right to pursue higher or professional education is a fundamental right of an individual, and it cannot be curtailed lightly.
"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, it is an affirmative obligation on the part of the state to ensure this right and the same cannot be permitted to be curtailed, lightly," observed the HC bench comprising Justice Jasmeet Singh, while considering the plea by a NEET-UG 2024 candidate who was terminated from the MBBS course after the Central Bureau of Investigation's (CBI) investigation in the alleged paper leak scam.
As per the case details, the petitioner student passed his 12th standard examination in 2022 and subsequently appeared for the NEET-UG 2024 examination conducted on 05.05.2024. The result was declared on 04.06.2024, and the petitioner obtained an All India Rank of 28,106 and a General Category Rank of 11,234.
Consequently, a revised scorecard was issued on 26.07.2024, as per which, the petitioner scored 651 out of 720 total marks. After participating in the counselling process, the petitioner was admitted to the MBBS course at Bhima Bhoi Medical College and Hospital, Balangir, Odisha.
Meanwhile, CBI on 15.08.2024 issued summons to the petitioner to appear for investigation at the CBI, Anti-Corruption Branch (ACB), Bhubaneswar, in connection with the alleged NEET-UG 2024 examination irregularities.
On 23.10.2024, the National Testing Agency (NTA) issued a Show Cause Notice to the petitioner through his registered email ID, requiring him to show cause why he should not be debarred. The petitioner duly replied to the said Show Cause Notice. However, NTA proceeded to withdraw the petitioner's NEET-UG 2024 scorecard and due to this, the petitioner's admission was cancelled by Bhima Bhoi Medical College and Hospital.
Filing the plea, the petitioner sought directions on NTA to let him attend his MBBS classes and issue a similar order in his favour as was granted to another who was also included in the same list of students who were terminated from the MBBS course along with him.
In its counter affidavit, NTA submitted that CBI was investigation into the allegations of leakage of NEET-UG 2024 question paper and thar CBI shared a list of 22 candidates who were identified by them as being involved in various malpractices. The roll number, application number, and name of the petitioner were also mentioned in the list at serial no. 18 as provided by CBI. It was on the basis of these allegations of malpractice that the admission of the petitioner was cancelled, submitted NTA.
Meanwhile, the counsel for CBI submitted that the CBI has already filed a chargesheet in the matter and the petitioner is not an accused as per the said chargesheet. The petitioner had only been named as a witness. It was further submitted that in the present case, the only reason for cancellation of admission and removal of the name of the petitioner from the course is that there were allegations against the petitioner of malpractices regarding the NEET-UG 2024 Examination. There is no other ground available for the said action against the petitioner.
After considering the arguments, the HC bench observed that the petitioner, by participating in an open entrance has secured admission in the University based on his merit.
"In case the same is to be cancelled, there has to be some valid, genuine and compelling reasons," noted the HC bench, further adding that "The statement of the counsel appearing on behalf of the CBI that the petitioner is not an accused but is only a witness, makes it apparent that there cannot be any prima-facie findings of the petitioner committing any malpractices."
The court observed that
"The valuable right accrued to the petitioner by clearing the entrance exam, i.e. NEET-UG needs to be protected, as the action of cancellation of admission and removal of the name of the petitioner from the MBBS course is disrupting the academic progress of the petitioner on totally unjustifiable grounds. 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, it is an affirmative obligation on the part of the state to ensure this right and the same cannot be permitted to be curtailed, lightly."
Accordingly, the HC bench granted relief to the petitioner and ordered, "a Mandamus is issued to the respondent to permit the petitioner to continue his MBBS Classes in accordance with the curriculum."
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/delhi-hc-neet-ug-2024-320797.pdf
