'Right to pursue higher education cannot be curtailed lightly:' Delhi HC

The Delhi High Court has ruled that the right to pursue higher or professional education, while not explicitly listed as a fundamental right under the Constitution, imposes a clear obligation on the government and cannot be restricted without valid reasons.

The decision came while hearing a writ petition filed by a medical student whose MBBS admission was cancelled amid alleged irregularities related to the NEET-UG 2024 examination.

A single-judge Bench of Justice Jasmeet Singh emphasized that the government must protect a student’s right to continue professional education in the absence of genuine and compelling grounds.

“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 stated.

The petitioner had 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.

His admission was later cancelled following the withdrawal of his result by the NTA, based on information provided by the Central Bureau of Investigation.

Justice Singh noted that the petitioner gained admission purely on merit through an open entrance examination, and cancelling it would disrupt his academic progress.

The judgment also highlighted that the petitioner was not named as an accused in the CBI chargesheet concerning the alleged irregularities but was only cited as a witness.

In these circumstances, the court found no prima facie evidence of the petitioner’s involvement in malpractice to justify terminating his admission.

The Delhi High Court allowed the petition and directed authorities to let the student continue attending MBBS classes as per the prescribed curriculum.