New Delhi, Jan 12 (PTI) The right to pursue higher or professional education, even though not a fundamental right under the Constitution, cannot be permitted to be curtailed lightly and there is an an affirmative
obligation on the State to ensure it, the Delhi High Court has said.
The observation was made by Justice Jasmeet Singh while dealing with a student whose admission to a medical college was cancelled over allegations of being involved in irregularities in NEET-UG 2024.
In view of the stand taken by the CBI, the court held that the petitioner was not an accused but was only a witness in the criminal case being probed by the agency in relation to the alleged irregularities, and therefore there could not be any prima facie findings of him committing any malpractice.
The court thus ruled that the "valuable right" accrued to the petitioner after he cleared the entrance exam -- NEET-UG -- needed to be protected and that the cancellation of his admission and removal of the name of the petitioner from the MBBS course disrupted his academic progress on "totally unjustifiable grounds".
It stated that the petitioner secured admission on merit by participating in an open entrance and it can be cancelled on 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. PTI ADS DV
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