'Right To Higher Education Can't Be Curtailed Lightly': Delhi High Court

The Delhi High Court has observed that the right to pursue higher or professional education, though not explicitly listed as a fundamental right under the Constitution, imposes an affirmative obligation on governments and cannot be curtailed lightly.

Allowing 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 observed that the government is duty-bound to protect a student's right to continue professional education in the absence of valid, genuine and compelling reasons.

"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 Delhi High Court said.

The petitioner secured admission to the MBBS course at Bhima Bhoi Medical College and Hospital in Balangir, Odisha, after obtaining an All India Rank of 28,106 in NEET-UG 2024. However, his admission was subsequently cancelled after the NTA withdrew his result based on information shared by the Central Bureau of Investigation (CBI).

In the order, Justice Singh observed that the petitioner had secured admission to the MBBS course on the basis of merit through an open entrance examination and that cancellation of such admission would inevitably disrupt his academic progress.

The judgment further took note of the submission made on behalf of the CBI that the petitioner was not arrayed as an accused in the chargesheet filed in connection with the alleged NEET-UG 2024 irregularities, but was cited only as a witness.

In such circumstances, Justice Singh held that there could be no prima facie finding of the petitioner's involvement in any malpractice warranting the extreme step of terminating his admission.

Allowing the petition, the Delhi High Court directed the authorities to permit the petitioner to continue attending his MBBS classes in accordance with the prescribed curriculum.

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