The Delhi High Court held that pursuing higher or professional education, though not fundamental, imposes an affirmative duty on governments. Justice Jasmeet Singh said MBBS admissions cannot be rescinded without valid, genuine, and compelling reasons, even amid NEET-UG irregularities.
NEW DELHI: The Delhi High Court has emphasized that the “Right to pursue higher or professional education“, while not explicitly recognized as a fundamental right under the Constitution, creates an affirmative duty for governments that cannot be easily restricted.
In a case brought by a medical student whose MBBS admission was rescinded due to alleged irregularities linked to the NEET-UG 2024 exam, Justice Jasmeet Singh’s single-judge Bench highlighted that the government is obligated to safeguard a student’s right to continue their professional education unless there are valid, genuine, and compelling reasons for curtailment.
The petitioner had gained admission to the MBBS program at Bhima Bhoi Medical College and Hospital in Balangir, Odisha, based on an All India Rank of 28,106 in NEET-UG 2024. However, his admission was later cancelled after the National Testing Agency (NTA) revoked his result based on information provided by the Central Bureau of Investigation (CBI).
Justice Singh noted that the petitioner was admitted to the MBBS course based on merit through an open entrance exam, and the cancellation of his admission would disrupt his academic journey.
The Delhi High Court stated 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 NEET-UG 2024 examination had sparked a heated debate over alleged paper leaks, creating a storm of uncertainty and frustration among both candidates and involved parties. Petitioners had firmly argued that these alleged leaks have compromised the integrity of the examination process, leading to calls for the annulment of the results and the administration of a new exam.
Their passionate appeal highlighted serious concerns regarding the credibility of the exam conducted by the National Testing Agency (NTA).They pointed to various malpractices that have surfaced, raising significant doubts about the fairness and transparency of the NEET-UG 2024 examination.
Previously, the Supreme Court declined to annul the entirety of the NEET-UG 2024 exam, determining that there was no widespread breach of its integrity that would justify a retest. The Court stated that canceling the exam would significantly disrupt schedules and negatively impact millions of candidates.
The Delhi High Court also acknowledged the CBI’s assertion that the petitioner was not named as an accused in the chargesheet concerning the alleged NEET-UG 2024 irregularities but was instead listed as a witness.
In light of these circumstances, Justice Singh concluded that there was no prima facie evidence of the petitioner’s involvement in any wrongdoing that would warrant the termination of his admission.
Consequently, the Delhi High Court ordered the authorities to allow the petitioner to continue attending his MBBS classes as per the prescribed curriculum.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
