While allowing a student to attend his MBBS classes, the Delhi High Court has held that 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 Petitioner approached the High Court seeking a direction to the Respondents to allow the Petitioner to continue attending their MBBS classes.

The Single Bench of Justice Jasmeet Singh held, “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.”

Advocate Anuraag Mehta represented the Petitioner while Senior Central Govt. Counsel Vikas Kr. Sharma represented the Respondent.

Factual Background

The petitioner appeared for the NEET-UG 2024 examination conducted on April 5, 2024. The result was declared, whereby the petitioner obtained an All India Rank of 28,106 and General Category Rank of 11,234. A revised scorecard was issued, according to which the petitioner scored 651 out of a total of 720 marks. Consequently, the petitioner, through the counselling process was admitted to the MBBS course at Bhima Bhoi Medical College and Hospital, Balangir, Odisha. The Central Bureau of Investigation issued a summons directing the petitioner to appear for investigation in connection with the alleged NEET-UG 2024 examination irregularities.

The respondent National Testing Agency (NTA) issued a Show Cause Notice to the petitioner. The petitioner duly replied to the said Show Cause Notice. However, the respondent proceeded to withdraw the NEET-UG 2024 result/scorecard of the petitioner. Pursuant to the same, the admission of the petitioner was cancelled by the Bhima Bhoi Medical College and Hospital, Balangir, Odisha.

Reasoning

Considering that the petitioner, by participating in an open entrance, had secured admission in the respondent University on the basis of his merit, the Bench stated that if the same is to be cancelled, there have to be some valid, genuine and compelling reasons.

“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”, it added.

Thus, highlighting that the valuable right accrued to the petitioner by clearing the entrance exam needs to be protected, the Bench allowed the Petition. The Bench issued a Mandamus to the respondent to permit the petitioner to continue his MBBS Classes.

Cause Title: Harshit Agrawal v. National Testing Agency (Neutral Citation: 2026:DHC:189)

Appearance

Petitioner: Advocates Anuraag Mehta, Ganga Sagar Singh, Ashish Kumar Chaurasiya, Adarsh Verma, Ashish Kumar Chaurasiya, Ganga Sagar Singh, Anurag Mehta, Anjana Devi

Respondent: Senior Central Govt. Counsel Vikas Kr. Sharma, Advocates Abhay Mani Tripathi, Monika Tiwari, Suryans Agrrwal, Manisha Agrawal Narain, Nipun Jain

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Delhi High Court

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.