The right to pursue higher or professional education, though not a fundamental right under the Constitution, cannot be curtailed lightly and carries an affirmative obligation on the State to ensure it, the Delhi High Court has observed.
Justice Jasmeet Singh made the remarks while hearing a petition filed by a student whose admission to a medical college was cancelled over alleged irregularities linked to NEET-UG 2024.
Taking note of the stand of the Central Bureau of Investigation, the court held that the petitioner was not an accused in the criminal case but only a witness, and therefore there could be no prima facie finding of his involvement in any malpractice.
The court ruled that the “valuable right” accrued to the petitioner after clearing NEET-UG required protection, noting that cancellation of admission and removal of his name from the MBBS course disrupted his academic progress on “totally unjustifiable grounds”.
Justice Singh observed that the petitioner secured admission on merit through an open entrance examination and that such admission could only be cancelled for 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, 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," the court said in the judgement passed on January 7.
"The petition is allowed and a mandamus is issued to the respondent to permit the petitioner to continue his MBBS classes in accordance with the curriculum," it ordered.
The CBI said it was investigating allegations of leakage of the NEET-UG 2024 question paper.
It informed that although it had identified 22 candidates for their involvement in various malpractices, the petitioner was not an accused in the chargesheet but a witness.