Court says Guardians and Wards Act, 1890 appears applicable only to minors; major candidate sponsored by maternal uncle allowed to upload documents for counselling.
The Delhi High Court has granted interim relief to a NEET-UG 2026 aspirant who challenged a Medical Counselling Committee (MCC) requirement insisting on documentary proof of guardianship under the Guardians and Wards Act, 1890 for NRI quota admission.
Justice Jasmeet Singh was hearing a writ petition filed by Ashwika Singhal, who had qualified NEET-UG 2026 and sought admission under the 15% NRI quota. The petitioner stated that she was being sponsored by her maternal uncle, an Overseas Citizen of India/NRI settled in Australia, and that he had supported her after the death of her father in 2023.
According to the petition, the candidate uploaded all required documents to establish that her sponsor was her genuine guardian and had a bona fide interest in her welfare. However, the online counselling portal rejected her documents on the ground that she had not uploaded a court order showing that the sponsor was her legal guardian.
The petitioner challenged the MCC’s notification dated 27 May 2026, particularly the portion stating that candidates seeking NRI quota seats must produce evidential proof or legal documents showing that the sponsor is the “bonafide legal guardian” under the Guardians and Wards Act, 1890.
Appearing for the petitioner, counsel argued that the Act applies only to minors. The court examined Sections 4(2), 4(3) and 8 of the Guardians and Wards Act, 1890, and noted that the statute defines a guardian as a person having the care of a minor, while a ward means a minor for whom a guardian exists. Section 8 also concerns applications relating to minors.
On a prima facie view, the court held that the Act appears applicable only to minor children and persons caring for minors, and not to individuals who have already attained the age of 18 years. Since the petitioner’s date of birth is 21 December 2007, the court noted that she had crossed the age of majority.
The court therefore observed that the impugned requirement of producing a guardianship certificate under the Guardians and Wards Act appeared inapplicable to the petitioner. It ordered that the challenged portion of the notification dated 27 May 2026 shall remain stayed qua the petitioner until the next date of hearing.
The court also directed that the petitioner be permitted to upload the relevant documents immediately and, if that was not possible, to physically submit them. The matter has been listed for further hearing on 12 October 2026.
Bottom Line :
NEET UG 2026 - NRI Quota - Requirement of evidential proof/legal document showing sponsor to be bonafide legal guardian under Guardians and Wards Act, 1890, prima facie not applicable to candidate who has already attained majority - Interim stay granted qua petitioner and petitioner permitted to upload/physically submit documents.
Statutory provision(s): Article 226 of the Constitution of India, 1950, Sections 4(2), 4(3) and 8 of the Guardians and Wards Act, 1890, Section 151 of the Code of Civil Procedure, 1908
Ashwika Singhal v. Union of India, (Delhi) : Law Finder Doc id # 2983427
