$~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 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. 2. The brief facts of the case are that the petitioner passed his 12th 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 admittedto 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 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: 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. 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) W.P.(C) 12514/2025 Page 1 of 9