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Stays Requirement for NEET-UG Candidate Ashwika Singhal
In an , the has ruled that the requirement of producing a legal under the for NEET-UG candidates seeking admission under the does not apply to candidates who have attained the age of 18 years. Justice Jasmeet Singh stayed the applicability of the of the Medical Counselling Committee's (MCC) notification dated , for the petitioner, Ashwika Singhal, a NEET-UG 2026 qualified candidate.
Background of the Case
Ashwika Singhal, who lost her father in 2023, sought admission under the 15% sponsored by her maternal uncle, an Overseas Citizen of India settled in Australia. She submitted all required documents to prove her uncle's role as her guardian, but the online portal rejected her documents on the ground that she had not uploaded a court order showing her sponsor as her legal guardian under the GWA.
Challenging the MCC notification that required candidates to produce evidence of the sponsor being a under the GWA, the petitioner argued that the Act only applies to minors, and she had already crossed the age of 18.
Court's Prima Facie View
Justice Jasmeet Singh examined the definitions under
, which define "guardian" and "ward" in the context of minors, and Section 8, which deals with applications for guardianship of minors. The Court observed that the GWA
"is only applicable to the minor children and persons taking care of a minors"
and
"
, do not seem to apply to persons who are aged 18 and above."
Noting that the petitioner's date of birth is , and she has crossed 18, the Court held that she does not need to obtain the certificate required under the GWA.
Interim Relief
"Thus,
, the
of the circular dated 27.05.2026, seems to be inapplicable qua the petitioner as the petitioner has already crossed the age of 18 years and thus, does not need to obtain the certificate required under the GWA,"
the Court stated.
Accordingly, the Court stayed the applicability of the impugned paragraph of the notification till the next date of hearing and directed that the petitioner be permitted to upload the documents forthwith, or if not possible, physically hand over the same.
Key Observations
-
"A perusal of the above shows that the GWA is only applicable to the minor children and persons taking care of a minors. The same, , do not seem to apply to persons who are aged 18 and above."
-
"Thus, , the of the circular dated 27.05.2026, seems to be inapplicable qua the petitioner as the petitioner has already crossed the age of 18 years and thus, does not need to obtain the certificate required under the GWA."
Implications
This provides immediate relief to the petitioner and sets a precedent that adult candidates may not be required to produce guardianship certificates under the GWA for admissions. The matter will be next heard on .
