NEET leak: Delhi HC allows two candidates named as CBI witnesses to take part in counselling for admission

The Delhi High Court recently directed the National Testing Agency (NTA) to declare the NEET UG 2026 results of two candidates which were withheld over allegations that they had received a leaked question paper [Aditya Vinod Swami & Anr. v National Testing Agency & Ors.].

Justice Jasmeet Singh, in the order passed on August 24, also allowed the two candidates to participate in further rounds of counselling based on their results for the purpose of admission to medical colleges, subject to their eligibility.

The Court held that they were at an early stage of their academic careers. It observed that the candidates should not face the consequences of allegations that were yet to be legally established.

“The petitioners are at a nascent stage of their academic careers. In these circumstances, I am of the view that the withholding of their results, merely on the basis of allegations which are yet to be tested in accordance with law, would cause serious prejudice to them,” said the Court.

The candidates had appeared for NEET (UG) on May 3, 2026. The examination was later cancelled following allegations of a question paper leak, after which they appeared in the re-NEET examination.

The Central Bureau of Investigation (CBI) subsequently investigated the alleged paper leak and filed a chargesheet in which the petitioners were cited as witnesses.

The NTA nevertheless withheld their Re-NEET results and issued them show-cause notices on July 5, 2026. The agency told the Court that the CBI had informed it that several candidates had allegedly received or shared the May 3 question paper.

The CBI, meanwhile, submitted that the petitioners had received the leaked question paper and had paid money to obtain it. The CBI said that they, therefore, had the intention to commit the alleged wrongdoing.

However, the CBI did not array them as accused and had instead cited the students concerned as witnesses in its chargesheet.

Taking note of the submissions, the Court held that the chargesheet was yet to be tested in accordance with law. It observed that the allegations against the petitioners would have to be established through evidence.

Against this backdrop, the Court said withholding the candidates' results could seriously affect their academic careers.

"To deny the petitioners an opportunity to participate in the counselling process at this stage may result in consequences which cannot subsequently be adequately remedied," further observed the Court.

The Court found that the candidates had shown a prima facie case in their favour.

The Court accordingly directed the NTA to declare the candidates' results within 24 hours of the order being uploaded.

Additionally, it the candidates' counselling results had not yet been declared, they were also allowed to apply for it offline.

The Court, however, clarified that its order did not give the candidates immunity from further action. The authorities can still proceed against them according to law if the allegations are established.

The main petition has been listed for January 8, 2027, with the being NTA given four weeks to file its response.

Senior Advocate Manish Bishnoi along with advocates Sarthak Bhatia, Sahil and Chaitanya Madhav appeared for the candidates.

Advocates Sanjay Khanna, Pragya Bhushan, Jaya Choudhary, Meemansa Dixit, Naman Dwivedi and Saurabh Pandey represented the NTA.

The CBI was represented by Special Public Prosecutor (SPP) Ripu Daman Bhardwaj and advocate Kushagra Kumar.

Central Government Standing Counsel (CGSC) Manisha Agrawal Narain along with advocate Nipun Jain appeared for the Union of India.

[Read Order]