Divjot Sekhon v. State of Punjab and Others; 2026 INSC 26 - MBBS Admission - Policy Decision- Judicial Review
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Education - Admission Process - 'Rules of the game cannot be altered once the game has begun' Principle applicable to admission processes to educational courses as it would be to recruitment processes. Just as modification of recruitment norms is forbidden in law after the recruitment process has begun, it is equally illegal for an admission process to not be fully defined in all its contours before its commencement, so as to leave room for the authorities concerned to stipulate norms later on to suit their own interests or to permit nepotism. The transparency of such a process is paramount to ensure fairness and prevent arbitrariness. (Para 18) When a thing is done in a post-haste manner, malafides would be presumed as anything done with undue haste can be termed arbitrary and would not be condonable in law. The aforestated principle would apply with equal vigour to an admission process relating to sought-after courses like MBBS/BDS. (Para 31)
Constitution of India - Article 226,32 - Judicial Review- Policy Decision - When a policy decision is riddled with arbitrariness or even provides avenues therefor, the Court would be justified in nullifying it. The fact that a policymaker is to be allowed some elbow room in formulating policy does not translate to allowing scope for arbitrariness or nepotism. (Para 37) State and its instrumentalities have a duty and responsibility to act fairly and reasonably in terms of the mandate of Article 14 of the Constitution and that any decision taken by the State must be reasoned and not arbitrary. (Para 31)
Case Info
Case Details
- Coram: Sanjay Kumar, J; Alok Aradhe, J.
- Judgment date: January 6, 2026.
Neutral Citation and Case Name
- Neutral citation: 2026 INSC 26.
- Case name: Divjot Sekhon v. State of Punjab and Others; with connected Civil Appeals arising from SLP(C) Nos. 23112 of 2024, 28046 of 2024, and 20137 of 2025.
Caselaws and Citations
- Maharashtra State Road Transport Corporation v. Rajendra Bhimrao Mandve, (2001) 10 SCC 51.
- K. Manjusree v. State of Andhra Pradesh, (2008) 3 SCC 512.
- Tej Prakash Pathak v. Rajasthan High Court, (2025) 2 SCC 114.
- Mandeep Singh v. State of Punjab, 2025 INSC 834 = 2025 SCC OnLine SC 1420.
- Bannari Amman Sugars Ltd. v. CTO, (2005) 1 SCC 625.
- Harinagar Sugar Mills Ltd. (Biscuit Division) v. State of Maharashtra, (2025) 10 SCC 286.
- Pimpri Chinchwad New Township Development Authority v. Vishnudev Cooperative Housing Society, (2018) 8 SCC 215.
- Sivanandan C.T. v. High Court of Kerala, (2024) 3 SCC 799.
- Ibadat Sekhon v. State of Punjab, CWP No. 18657 of 2023 (O&M), decided on 20.02.2025 (Punjab & Haryana High Court).
Statutes/Policies/Notifications Referred
- Article 14 of the Constitution of India (fairness, non-arbitrariness, legitimate expectation).
- Government of Punjab Notifications:
- Notification dated 09.08.2024 (NEET UG-2024 admissions; 1% sports quota).
- Corrigendum dated 01.08.2023 modifying Notification No. 5/5/2021-5HB3/446 dated 10.03.2023 (expanding zone of consideration to Classes IX–X for session-2023 only due to Covid-19).
- Notification dated 09.08.2024 published on 17.06.2025 for NEET UG-2025.
- Department of Sports & Youth Services, Government of Punjab:
- Sports Policy, 2023 (superseding Sports Policy, 2018), including Rule 4.2 (sub-junior tournaments ineligible) and Rule 5.1 (inter se merit criteria).
- Baba Farid University of Health Sciences Prospectus/communications:
- Prospectus 09.08.2024; revised Prospectus 10.08.2024.
- Email dated 16.08.2024 (inviting achievements from any class/year).
- Addendum dated 03.09.2024 (affirming 16.08.2024 email).
- Director of Sports, Punjab letter dated 08.07.2024 (restricting to Classes XI–XII for certain courses).
- Director of Sports merit list dated 23.08.2024.
