The court emphasized the right to a speedy trial under Article 21, while stating that ongoing investigations into alleged examination malpractice must conclude to ensure fair treatment of innocent candidates.

JUDGMENT

Date : 23-12-2025

Heard the parties.

2. The petitioner, a 1^st year student of MBBS course for the session 2024-29, has invoked the jurisdiction of this Court seeking quashing of the order cancelling his admission bearing No. NMCH/PO/25/84 dated 17.02.2025 issued by the Principal, Narayan Medical College & Hospital, Jamuhar, Sasaram, Rohtas issued in consequent to the order No. 188/25 dated 11.02.2025 by the Examination Controller of Bihar Combined Entrance Competitive Examination Board, Patna (hereinafter referred to the ‘BCECE Board’) as also the show cause notice dated 23.10.2024 issued by the National Testing Agency (hereinafter referred to as the ‘NTA’). The petitioner also sought a direction to restore his admission in MBBS course and stay the operation of the impugned orders as afore noted.

3. The facts, as briefly, narrated in the writ petition are the petitioner, after having duly qualified the NEET(UG)-2024 Examination conduced by the NTA, was called upon for counselling by the BCECE Board, Patna and accordingly letter for admission was sent to the petitioner. The petitioner was finally admitted in Narayan Medical College & Hospital, Jamuhar, Sasaram, Rohtas. While the petitioner was pursuing 1^st year course of MBBS, a show cause notice was issued by the NTA under letter bearing F.No.2024/CBI/264 dated 23.10.24 with an imputation that he was suspected to use unfair means in NEET (UG)-2024 Examination held on 5^th May, 2024 and till further order the result of the petitioner’s NEET (UG)-2024 Examination was withheld. It is the specific contention of the petitioner that the afore noted show cause notice has never been served upon him and all on a sudden, Memo No. 188/2025 dated 11.02.2025 issued under the signature of the Examination Controller, BCECE, Board came to be passed directing the Institute in which the students were admitted to cancel their candidature and informed the Board. Consequently, the Principal of the Narayan Medical College & Hospital, Jamuhar, Sasaram, Rohtas vide order dated 17.02.2025 cancelled the admission of the petitioner with immediate effect and directed to vacate the hostel within 48 hours. It is these orders which are put to challenge by filing the present writ petition.

4. Learned Advocate for the petitioner while assailing the order of cancellation of the candidature of the petitioner has submitted that with respect to the paper leak and malpractices played by the candidates during the NEET (UG)-2024 Examination, a case was duly registered by the Central Bureau of Investigation (CBI) bearing Crime No. 358/2024 dated 05.05.2024, wherein neither the petitioner was named as accused nor during the course of investigation any cogent materials have been collected and charge sheet has been submitted, against the petitioner, albeit only suspecting the use of unfair means, the candidature of the petitioner and the admission in the concerned College came to be cancelled. The petitioner has neither been served any notice nor any opportunity was afforded before cancellation of his admission. The entire career has been put on jeopardy without there being any material brought on record. The investigation is yet being conducted by the CBI and no final report has been submitted. Hence, keeping the entire career of the petitioner