NEET-UG| Dont Make Unnecessary Emotional Arguments: Apex Court Tells Counsel Who Said Students Are Committing Suicide, Issues Notice In Plea For CBI Probe

The Supreme Court, today, issued notice in petitions seeking a probe by the Central Bureau of Investigation ('CBI') in the incidents of alleged paper leaks and malpractices in the National Entrance-cum-Eligibility Test-Under Graduate Exam, 2024 (NEET-UG, 2024). 

The Vacation Bench comprising Justice Vikram Nath and Justice Sandeep Mehta heard the matters, issued notices in the petitions seeking a CBI probe and directed the National Testing Agency ('NTA') to file its counter affidavit within two weeks. All the matters were tagged with other pending petitions and listed on July 8, 2024. The Court has passed similar orders in petitions filed by Alakh Pandey alias Physics Wallah and by Abdullah Faiz challenging the NEET-UG 2024 exam's alleged paper leak.

Counsel for the Petitioner said, "There is a need for CBI investigation in the matter."

Justice Nath replied, "It will be considered, we cannot pass an exparte order for a CBI investigation. They will file their response."

Counsel said, "We are seeking other relief as well, the entire result pertaining to every candidate should be furnished on 8th of July."

Justice Nath said, "You argue everything on 8th of July."

Counsel replied, "It is about the future of 24 lacs students...there is an imminent need for CBI probe."

Justice Nath said, "Yes we understand that."

The Court clarified that they have already refused to pass an interim stay on the counselling.

The Counsel further submitted, "There are students committing suicides in Kota. They are of tender age."

Justice Nath remarked, "Don't try to make unnecessary emotional arguments here."

The Court also issued notice in the petition filed by the NTA seeking a transfer of pending petitions before various High Courts alleging the malpractices in NEET-UG. The Court tagged the matter and listed it on July 8, 2024. Other transfer petitions filed by NTA were withdrawn as they were related to the grant of compensatory marks, which has already been decided by the Court on June 13, 2024. 

The Court on June 13, 2024, had allowed the recommendations by the Union of India and NTA, to conduct a re-examination for the 1563 candidates who were given compensatory marks in the NEET-UG, 2024. The re-examination is likely to be held on June 25, 2024.

The Union of India had submitted the minutes of the meeting and decisions taken by the committee held on June 10, June 11 and June 12, 2024, which decided the re-examination of the candidates who were given compensatory marks by the NTA. The Court had also noted that a grievance redressal committee was constituted, relying upon a judgment of the Supreme Court in Disha Panchal v. Union Of India and Ors. (2018 SC) and the NTA constituted another committee to reconsider the issue after 1563 candidates who appeared for the exam sent their objections and approached the courts.

Recently, the Supreme Court had also issued notice in the petition seeking cancellation of the NEET-UG, 2024 after the alleged paper leak and irregular results.

The Supreme Court in the previous petition had issued notice in a Public Interest Litigation (PIL) raising the alarming issue of the leakage of the NEET UG 2024 exam paper and the ensuing maladministration in states like Rajasthan, Bihar, Chhattisgarh, etc. The PIL had asserted that these incidents have unfairly disadvantaged deserving candidates, infringing upon their fundamental right to equality and equal opportunities enshrined under Article 14 of the Constitution of India. This Petition is now listed on July 8, 2024.

Recently, the Calcutta High Court had also initiated action on a PIL alleging irregularities in the NEET (UG) 2024 examination. The petitioner raised concerns regarding the scoring system and argued that it would be improbable for candidates to achieve scores of 718 or 719 as per the established marking criteria.

Accordingly, all the matters are now listed on July 8, 2024.

Cause Title: Hiten Singh Kashyap And Anr. Versus National Testing Agency And Ors. (W.P.(C) No. 377/2024) and connected matters; National Testing Agency Versus Adarsh Raj Gupta (Diary No. 26869-2024) and connected matters.