In Absence Of Proof Of Large Scale Breach Of Confidentiality, Irrational To Scrap Exam: Centre Files Affidavit Before Apex Court About NEET-UG 2024

The Union of India, in its affidavit filed before the Supreme Court, has stated that in the absence of any proof of large-scale breach of confidentiality in the National Entrance-cum-Eligibility Test-Under Graduate Exam, 2024 (NEET-UG, 2024), it would be irrational to scrap the examination. 

The Affidavit was filed in various petitions filed against the alleged malpractices and exam paper leak in the NEET-UG, 2024 Examination. 

The Affidavit states, "It is also submitted that at the same time, in the absence of any proof of any large-scale breach of confidentiality in a pan-India examination, it would not be rational to scrap the entire examination and the results already declared. It is submitted that in any examination, there are competing rights that have been created whereby the interests of a large number of students who have taken the examination without adopting any alleged unfair means must not also be jeopardized. Scrapping the exam in entirety would seriously jeopardize the lakhs of honest candidates who attempted the question paper in 2024."

Union states in the Affidavit that it is not taking these issues in an adversarial manner and fully appreciates the concerns of the candidates who have taken the exam and will adopt a solution-oriented approach.

It also submits that the Ministry has asked the Central Bureau of Investigation to conduct a comprehensive investigation into the entire gamut of alleged irregularities including conspiracy, cheating, impersonation, breach of trust and destruction of evidence by the candidates/institutions/middlemen. "CBI has taken over the cases registered in different States after being transferred to it by the concerned State Governments and is undertaking the investigation.", Union submits.

The Affidavit further states that the Ministry of Education has constituted a High-level Committee of Experts to suggest effective measures for conducting transparent, smooth and fair conduct of examinations by the NTA. The Committee is headed by the former Chairman, ISRO and Chairman, BoG, IIT Kanpur Dr. K Radhakrishnan. 

Further, the above Committee will make recommendations on reforms in the mechanism of the examination process, improvement in data security protocols and structure and functioning of the National Testing Agency ('NTA'). It states that the committee will submit its report in two months.

The Affidavit also mentions the enactment of the Public Examination (Prevention of Unfair Means) Act of 2024 on February 12, 2024. 

Several petitions have been filed against the NEET-UG, 2024 and the issue will be dealt with by the Supreme Court on July 8, 2024, as all the matters have been tagged together seeking a reply from the NTA.

Previously, the Court had issued notice in petitions also filed by Alakh Pandey alias Physics Wallah and another one by Abdullah Faiz challenging the NEET-UG 2024 exam's alleged paper leak and seeking directions from the Court. On the same day the Court had also 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 Court will also hear the petitions seeking CBI and ED probe in the matter.

The Court, on June 13, 2024, had allowed the recommendations by the UOI 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. A petition was filed by Jaripiti Kartheek under Article 32 of the Constitution raising a grievance regarding the grant of compensatory marks to 1563 candidates using a normalization formula where, at the examination centres, the candidates were given less than three hours twenty minutes to complete their exam.

On June 14, 2024, The Court had 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 20, 2024, had also stayed the proceedings in various petitions filed across Rajasthan, Calcutta, and Bombay High Courts.

Previously, in May 2024, the Supreme Court 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.

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: Shivangi Mishra and Ors. v. National Testing Agency and Ors. (W.P.(C) No. 362/2024) and connected matters.