In a major decision recently, the Supreme Court of India flatly refused to consider the petition filed by MBBS student Harshit Agarwal challenging the termination of his admission without any prior notice or opportunity to be heard. The court advised the student to approach the High Court having jurisdiction for appropriate remedy.
The case was heard by a bench of Justices Rajesh Bindal and R Mahadevan. The petitioner had sought re-admission to the MBBS course for the 2024-2029 session and requested the court to declare the termination of his admission illegal due to lack of procedural fairness.
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The petition also urged the court to direct the authorities to formulate and implement similar safeguards in dealing with disciplinary cases in medical colleges so as to ensure fairness and transparency in such cases.
During the proceedings, the bench questioned why the petitioner did not initially approach the high court for relief. In response, the counsel for the petitioner argued that the apex court had earlier issued notice in a similar case involving another MBBS student where interim protection was challenged after the completion of admission.
It was also pointed out that a transfer petition relating to the broader issue is pending and is scheduled to be heard on July 14.
After examining the documents, the bench said:
"The order mentioned is interim in nature and is not on merits."
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Justice Rajesh Bindal said:
"We are not going to entertain the writ petition directly here."
At this point, the petitioner sought permission to withdraw the petition with liberty to approach the High Court, which was granted by the Court. The case was thus withdrawn.
Case Title: Harshit Agarwal vs Union of India & Ors.
Writ Petition (Civil) No. 609/2025