On May 27, 2025, the Rajasthan High Court delivered a significant judgment concerning MBBS students accused of impersonation in the NEET UG 2023 examination. The court quashed their suspensions, which had been imposed by the National Medical Commission (NMC) following FIRs alleging that these students had appeared in the exam on behalf of other candidates.

Legal Authority for Suspension: Justice Dinesh Mehta observed that neither the National Medical Commission Act, 2019, nor the Public Examination (Prevention of Unfair Means) Act, 2024, explicitly grants the NMC the authority to suspend, rusticate, or cancel admissions of students accused of such misconduct. Consequently, the suspensions were deemed illegal and beyond the NMC’s jurisdiction.

Fundamental Rights Consideration: The court emphasized that the suspensions infringed upon the students’ fundamental rights under Articles 19(1)(g) and 21 of the Indian Constitution, which pertain to the right to practice any profession and the right to life and personal liberty, respectively.

Nature of the Offense: It was noted that the students in question had not secured their own admissions through impersonation but had allegedly impersonated others during the examination. Therefore, their personal merit and eligibility for admission were not under dispute. The court suggested that a lenient approach should be adopted in such cases, albeit with caution.

Potential Irreparable Harm: The judgment highlighted the potential irreversible damage to the students’ futures if the suspensions were allowed to persist during the protracted duration of criminal trials. An acquittal after several years would not compensate for the lost time and educational opportunities.

Call for Legislative Action: While disapproving of the students’ alleged actions, the court underscored the increasing prevalence of such cases and urged the Central Government to enact appropriate legislation to address these issues effectively.

This ruling underscores the importance of adhering to due process and ensuring that disciplinary actions by regulatory bodies are grounded in explicit legal authority. It also highlights the judiciary’s role in balancing the enforcement of academic integrity with the protection of individual rights.

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