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by sayum
21 August 2026 9:22 AM
"If substantiated, such conduct would strike at the very foundation of fairness, transparency and institutional integrity governing the medical admission process and, therefore, cannot be relegated to the realm of a mere inter se commercial or contractual dispute." Punjab and Haryana High Court, in a significant ruling, held that anticipatory bail cannot be granted to an accused involved in an alleged medical postgraduate admission racket, emphasizing that manipulating merit-based systems through monetary consideration gravely undermines public trust.
A bench of Justice Virinder Aggarwal observed that allegations involving fraudulent promises of medical seats strike at the core of institutional integrity and cannot be brushed aside as a simple contractual dispute.
The case arose from an FIR registered at Police Station Faridabad Central, wherein the complainant alleged that the petitioner, Shahnaz Hussain, alongside co-accused individuals, falsely posed as educational consultants. They allegedly extracted ₹14,25,000/- on the pretext of securing an MD/MS seat in a reputed medical college through NEET-PG. When the admission failed to materialize and a refund was demanded, the accused allegedly refused payment and issued threats of dire consequences.
The primary question before the court was whether the petitioner was entitled to the discretionary protection of pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the financial transactions and the investigation's requirements.
Court Examines Nature Of Financial Transactions
The high court closely scrutinized the defense argument that the transaction was purely a commercial consultancy arrangement. Justice Aggarwal noted that an agreement executed in favor of Career Plan-B did not prima facie establish the petitioner as the proprietor or owner of the entity. Furthermore, the contemplated financial consideration under that agreement was limited to ₹3,00,000/-, whereas the actual allegations involved ₹10,00,000/- transferred to the father's bank account and ₹2,75,000/- transferred via PayTM directly to the petitioner.
The Magnitude and Manner of Transactions Exceeds Consultancy
The bench remarked that the scale of these monetary transactions prima facie traveled far beyond the contours of a standard consultancy agreement. The court highlighted that attempting to circumvent regulated admission mechanisms for postgraduate medical courses by paying large sums of money destroys the merit-based system. "The matter assumes added significance in the backdrop of the growing public concern over alleged irregularities and malpractices in medical entrance and admission processes, which imperil the sanctity of a merit-based system," the court observed.
Custodial Interrogation Deemed Necessary
The court emphasized the absolute necessity of custodial interrogation to uncover the full extent of the criminal conspiracy. Justice Aggarwal held that the investigating agency must be permitted to trace the complete money trail, decode the precise modus operandi, and identify other individuals operating within the alleged network. The bench concluded that granting anticipatory bail at the threshold would severely hamper the effectiveness of a fair investigation into such organized malpractices.
Petition Dismissed By High Court
Finding no merit in the plea for pre-arrest protection, the high court dismissed the petition without expressing any final opinion on the merits of the allegations or the ultimate culpability of the petitioner. All pending miscellaneous applications were consequently disposed of as infructuous.
Date of Decision: 14 August 2026