The Delhi High Court has prima facie held that the requirement of producing a legal guardianship certificate under the Guardians and Wards Act, 1890, for NEET-UG candidates seeking admission under the NRI quota does not apply to candidates who have already attained the age of 18 years.

Justice Jasmeet Singh observed that the Guardians and Wards Act deals with minors and persons taking care of minors, and therefore its provisions “do not seem to apply to persons who are aged 18 and above.”

The Court was dealing with a plea filed by an NEET-UG 2026 qualified candidate, who sought admission to medical courses under the 15% NRI quota.

She was being sponsored by her maternal uncle, who was an Overseas Citizen of India/NRI settled in Australia.

The candidate submitted that her maternal uncle, who was her nearest relative, had substantially supported her after the death of her father in 2023 and had always treated her as his ward.

However, it was submitted that her documents were rejected on the online portal on the ground that she had not uploaded a court order showing that her sponsor was her legal guardian.

She thus challenged a Medical Counselling Committee notification issued on May 27 which required candidates applying under the NRI quota to produce evidence demonstrating that the sponsor had acted as their guardian, along with an affidavit to that effect.

The notification further stated that the MCC or competent authority would seek legal documents establishing that the sponsor was the candidate's bona fide legal guardian under the GWA.

The petitioner's counsel relied upon Sections 4(2) and 4(3) of the GWA, which define “guardian” and “ward” respectively in the context of minors. Reliance was also placed on Section 8 of the Act which sets out persons entitled to apply for an order appointing a guardian of a minor.

Passing the interim order, Justice Singh noted that the petitioner's date of birth was December 21, 2007, and that she had already crossed the age of 18 years.

“Thus, prima-facie, the impugned portion of the circular dated 27.05.2026, seems to be inapplicable qua the petitioner as the petitioner has already crossed the age of 18 years and thus, does not need to obtain the certificate required under the GWA,” the Court observed.

Accordingly, the Court stayed the applicability of the impugned portion of the May 27 notification qua the petitioner, till the next date of hearing.

“The petitioner shall be permitted to upload the documents forthwith and if not possible, physically hand over the same,” the Court said.

The matter will next be heard on October 12.

Also Read: NEET-UG: Delhi High Court Questions Requirement For NRI Sponsor To Prove They 'Looked After' Student As Guardian

Title: ASHWIKA SINGHAL v. UNION OF INDIA THROUGH SECRETARY & ORS

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