A Delhi court on Tuesday allowed Yash Yadav, one of the main accused in the NEET-UG papers leak case, to appear for the re-examination on June 21 while in judicial custody, observing that his rights as a student cannot be defeated by denying him the opportunity to sit for the examination.
The order was passed by Special Judge Vishal Ghojne of Ross Avenue Courts, on a petition filed by Yadav, seeking 15 days interim bail to appear for the NEET re-examination.
The court refused to grant him interim bail and partly allowed Yadav’s appeal, noting that he would appear for the examination while in judicial custody, and directed Tihar Jail officials to ensure that he reaches and returns him from the examination center on time.
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“It is noted that while the applicant faces serious allegations of illegal publication and circulation of confidential questions of the very examination in which he now seeks to appear, his rights as a student cannot be overcome by converting the bail into a penalty of deprivation of the opportunity to appear in the examination,” the order said.
Upholding the right to education as a fundamental right, the court said that the eligibility, nomination and selection of any student in the examination is subject to appropriate orders of the body conducting the examination.
She noted that the NTA had already provided an admit card to the accused, making him “entitled” to sit for the examination.
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The court also allowed him to attend his sister’s wedding on June 22 while he was in judicial custody.
The CBI opposed the petition, stating that they had sent a memorandum to the National Testing Agency, highlighting the “serious role” played by Yadav in the case. His lawyers argued that he was given his access card.
“The public exchequer has incurred losses worth crores of rupees due to the paper leak and many students have been affected. The investigation is at an early stage. The accused can influence witnesses and obstruct the investigation if he is released on bail,” the public prosecutor said.
