Full Judgment Text
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 07.01.2026
+ W.P.(C) 12514/2025 &, CM APPL. 68253/2025, CM APPL.
78409/2025
HARSHIT AGRAWAL
.....Petitioner
Through: Mr. Anuraag Mehta, Mr. Ganga Sagar
Singh, Mr. Ashish Kumar Chaurasiya,
Mr. Adarsh Verma, Advs.
Mr. Ashish Kumar Chaurasiya, Mr.
Ganga Sagar Singh, Mr. Anurag
Mehta, Mr. Anjana Devi,
versus
NATIONAL TESTING AGENCY AND ORS.
.....Respondents
Through: Mr. Abhay Mani Tripathi, Ms. Monika
Tiwari, Mr. Suryans Agrrwal, Advs.
for R-1
Mr. Vikas Kr. Sharma, Senior Central
Govt. Counsel for R-3
Ms. Manisha Agrawal Narain, Mr.
Nipun Jain, Advs. for R-6
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
: JASMEET SINGH, J ( ORAL )
1. This is a writ petition filed under Article 226 of the Constitution of
India seeking the following prayers:-
“a). Direct the Respondents to allow Petitioner to continue
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attending their MBBS classes, and be pleased to pass such
other or further orders as this Hon'ble Court may deem fit
and proper in the interest of justice.
b). Direct the Respondents to issue a similar order in favor of
Petitioner as was granted to the student namely 'Kirtee
Koushika Panda', who was also included in the same list of
students terminated from the MBBS course along with
Petitioner and was similarly under investigation by the CBI
and who, despite being part of the said suspected list, was
permitted by the Hon'ble Supreme Court to continue her
studies and appear in the end semester examination.
c). Pass any such order as this Hon'ble Court may deemfit
and proper in the facts and circumstances of the present
case.
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2. The brief facts of the case are that the petitioner passed his 12 standard
examination in 2022 and subsequently appeared for the NEET-UG
2024 examination conducted on 05.05.2024. The result of the same
was declared on 04.06.2024, whereby the petitioner obtained an All
India Rank of 28,106 and General Category Rank of 11,234. A revised
score card was issued on 26.07.2024, as per which the petitioner scored
651 out of 720 total marks.
3. Consequently, the petitioner through the counselling process was
admitted to the MBBS course at Bhima Bhoi Medical College and
Hospital, Balangir, Odisha.
4. The respondent No. 4 namely, Central Bureau of Investigation ( “CBI” )
issued summons dated 15.08.2024 directing the petitioner to appear for
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investigation at the CBI, Anti-Corruption Branch ( “ACB” ),
Bhubaneswar, in connection with the alleged NEET-UG 2024
examination irregularities.
5. The respondent No. 1, namely the National Testing Agency ( “NTA” )
issued a Show Cause Notice dated 23.10.2024 to the petitioner through
his registered email ID, requiring him to show cause why he should not
be debarred.
6. The petitioner duly replied to the said Show Cause Notice. However,
the respondent No. 1 proceeded to withdraw the NEET-UG 2024
result/scorecard of petitioner. Pursuant to the same, the admission of
the petitioner was cancelled by the respondent No. 5, i.e. Bhima Bhoi
Medical College and Hospital, Balangir, Odisha.
7. The aforesaid cancellation of admission is based on the letter dated
23.01.2025 issued by respondent No. 6, i.e. National Medical
Commission, which reads as under:
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8. The counter affidavit has been filed on behalf of the respondent No. 1,
wherein it is mentioned that the CBI is investigating into the allegations
of leakage of NEET-UG 2024 question paper and that the CBI shared a
list of 22 candidates who have been identified by them as being
involved in various malpractices. The roll number, application number,
and name of the petitioner was also mentioned in the list at serial no. 18
as provided by CBI. It was on the basis of these allegations of
malpractice that the admission of the petitioner has been cancelled.
9. Ms. Riya Sachdeva, learned counsel appears on behalf of Mr. Anupam
S. Mishra, learned special public prosecutor for the CBI, and states that
the CBI has already filed a chargesheet in the matter and the petitioner
is not an accused as per the said chargesheet. The petitioner has only
been named as a witness. In the present case, the only reason for
cancellation of admission and removal of the name of the petitioner
from the course is that there were allegations against the petitioner of
malpractices regarding the NEET-UG 2024 Examination. There is no
other ground available for the said action against the petitioner.
10. I have heard the learned counsels for the parties.
11. The petitioner by participating in an open entrance has secured
admission in the respondent No. 5 University on the basis of his merit.
In case the same is to be cancelled, there has to be some valid, genuine
and compelling reasons.
12. The statement of the counsel appearing on behalf of the CBI that the
petitioner is not an accused but is only a witness, makes it apparent that
there cannot be any prima-facie findings of the petitioner committing
any malpractices.
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13. The valuable right accrued to the petitioner by clearing the entrance
exam, i.e. NEET-UG needs to be protected, as the action of
cancellation of admission and removal of the name of the petitioner
from the MBBS course is disrupting the academic progress of the
petitioner on totally unjustifiable 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, 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.
14. For the said reasons, 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.
15. The petition is disposed of in aforesaid terms.
CM.APPL. 63713/2025
16. This is an application filed under Section 151 of CPC, 1908 seeking to
mark the appearance of the applicant in the orders dated 25.09.2025
and 26.09.2025.
17. For the reasons stated in the application, the present application is
allowed and the appearance of Mr. Vikas Kr. Sharma, learned Senior
Central Govt. Counsel shall be shown in the orders dated 25.09.2025
and 26.09.2025.
18. The present application is disposed of in aforesaid terms.
JASMEET SINGH, J
JANUARY 7, 2026/sp
(Corrected and released on 10.01.2026)
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