Daijiworld Media Network - New Delhi
New Delhi, Jan 11: The Delhi High Court has emphasised that the right to pursue higher or professional education, while not explicitly listed as a fundamental right under the Constitution, places an affirmative duty on the government and cannot be curtailed lightly.
The observation came while hearing a writ petition filed by a medical student whose MBBS admission was cancelled amid alleged irregularities linked to the NEET-UG 2024 examination. A single-judge Bench of Justice Jasmeet Singh ruled in the student’s favour, noting that the State is obligated to protect a student’s educational rights unless there are valid, compelling reasons to intervene.
“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 court said in its order.
The petitioner had secured admission to the MBBS course at Bhima Bhoi Medical College and Hospital in Balangir, Odisha, with an All India Rank of 28,106 in NEET-UG 2024. However, his admission was later cancelled after the National Testing Agency (NTA) withdrew his result based on information provided by the Central Bureau of Investigation (CBI) in connection with alleged exam irregularities.
Justice Singh highlighted that the petitioner gained admission on merit through an open entrance exam, and that cancellation of the admission would seriously disrupt his academic progress. The court also noted that the petitioner was named only as a witness, not an accused, in the CBI chargesheet related to the NEET-UG 2024 investigation.
In light of these factors, the court found no prima facie evidence suggesting the student’s involvement in any wrongdoing that would justify revoking his admission.
The Delhi High Court allowed the petition, directing authorities to permit the petitioner to continue attending MBBS classes in line with the prescribed curriculum.