The Delhi High Court has ruled that while the right to higher or professional education may not be an explicit fundamental right under the Constitution, it cannot be curtailed lightly, and the State bears an affirmative obligation to ensure access to it.
Justice Jasmeet Singh made this observation while setting aside the cancellation of a medical college admission of a student who was allegedly linked to the NEET-UG 2024 paper leak case.
The petitioner’s admission to an MBBS course was cancelled following allegations that he was involved in irregularities related to the NEET-UG 2024 examination. However, the Central Bureau of Investigation (CBI), which is probing the matter, clarified before the court that the student was not among the 22 accused candidates identified in its charge sheet. Instead, he was listed only as a witness in the ongoing criminal investigation.
Taking this clarification on record, the court held there was no prima facie finding of malpractice or wrongdoing against the petitioner.
Justice Singh noted that the petitioner had cleared the NEET-UG on merit through a transparent entrance process and that his subsequent admission to a medical college constituted a “valuable right.” Cancelling such a right without compelling justification disrupted the student’s academic future.
“The cancellation of admission and removal of the name of the petitioner from the MBBS course disrupted his academic progress on totally unjustifiable grounds,” the court said.
It added that a student’s admission, especially one secured through merit in an open exam, “can be cancelled only on valid, genuine and compelling reasons.”
In a significant observation, the court acknowledged that while the Constitution does not enumerate the right to higher education as a fundamental right, it places a positive obligation on the State to protect and facilitate access to it.
“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. The same cannot be permitted to be curtailed lightly,” Justice Singh said.
Allowing the student’s petition, the court issued a writ of mandamus directing the authorities to permit the petitioner to continue attending MBBS classes as per the academic curriculum.
The order restores the student’s admission, effectively setting aside the cancellation decision that was based on what the court called “totally unjustifiable grounds,” especially given the student’s non-accused status in the CBI investigation.
