$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07.01.2026 + W.P.(C) 12857/2025 & CM APPL. 68252/2025, CM APPL. 78340/2025 SANIDHYA SUBHADARSHAN .....Petitioner Through: Mr. Anuraag Mehta, Mr. Ganga Sagar Singh, Mr. Ashish Kumar Chaurasiya, Mr. Adarsh Verma, Advs. 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. Shekhar Kumar SPC with Mr. Kamaldeep GP for R-2&3 Mr. Anupam S Sharrma, Mr. Ripumadan Sharma, Mr. Vashisht Rao, Ms. Riya Sachdeva, Ms. Anisha P Dash, Advs. 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 permit the Petitioner to continue attending MBBS classes, and pass such other or further orders as this Hon'bleCourt may deem just, fit, and proper in the interest of justice. b. Direct the Respondents to extend to the Petitioner the same relief as granted to Ms. Kirtee Koushika Panda, who was similarly situated having been terminated from her MBBS course and being under investigation by the CBI and who, despite being included in the same list of suspected candidates, was permitted by the Hon'ble Supreme Court to continue her MBBS Studies and appear in the end-semester examination.” 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 scored 558 out of 720 total marks. 3. Consequently, the petitioner through the counselling process was admitted to the MBBS course at Government Medical College, Machilipatnam, Kara Agraharam, near Radar Station, Andhra Pradesh. 4. The respondent No. 4 namely, Central Bureau of Investigation (“CBI”) issued summons dated 11.08.2024 directing the petitioner to appear for investigation at the CBI, Anti-Corruption Branch (“ACB”), Bhubaneswar, Odisha, 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 petitioner was issued a relieving letter by the respondent No. 5, i.e. Government Medical College, Machilipatnam, Kara Agraharam, near Radar Station, Andhra Pradesh. 7. The aforesaid action was taken on the basis of a letter dated 25.11.2024, issued by the Medical Examination Cell, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, which reads as under: 8. It is stated on behalf of the respondent No.1, 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 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. JASMEET SINGH, J JANUARY 7, 2026/sp (Corrected and released on 10.01.2026) W.P.(C) 12857/2025 Page 1 of 9