The Supreme Court has 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, among others. The PIL asserts 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.

A Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra refused to stay the declaration of results of the all-India examination. However, the Court proceeded to issue notice to the Central Government on the plea.

During the hearing, yesterday, Senior Advocate Narender Hooda appeared for the Petitioner and told the Court that in Patna, as per news reports, question paper and answer key were circulated to around 100 people.

To this, the Bench asked, "Why didn't you go to the High Court?"

The Senior Advocate submitted that in Rajasthan as well, the question paper was leaked. He further told the Court that it is a national issue and that was the reason he approached the Apex Court.

Taking note of the submissions, the Bench issued notice to the Central government, however, it did not stay the result of NEET UG 2024. Accordingly, the Bench scheduled the matter for further consideration in July.

The PIL filed through Advocate Sunny Kadiyan stated that during the NEET undergraduate examination held in Rajasthan, several national dailies reported instances of question paper leaks prior to the test date, with candidates receiving incorrect question papers, leading to widespread confusion and chaos.

"This PIL aims to address the grave concerns surrounding the leakage of the NEET UG exam paper and the subsequent misadministration in Rajasthan, Bihar, Chhattisgarh, etc., which has unjustly disadvantaged meritorious candidates by taking away their fundamental right of equality and equal opportunities as guaranteed under Article 14 of the Constitution of India," it stated.

The plea further highlighted similar incidents in Patna, Bihar, where numerous individuals were apprehended by the State police based on credible information suggesting their involvement in obtaining the question paper a day before the examination. The Economic and Cyber Crimes Division in Bihar and Patna took charge of the investigation and identified an organized gang allegedly responsible for the leak. Subsequently, 13 individuals were arrested and placed in judicial custody.

The Petition underscored the severity of the matter by citing news reports indicating the involvement of a ringleader in the paper leak racket, purportedly securing the NEET question paper for a substantial sum of Rs. 60 crore in Uttar Pradesh. "The severity of the matter presented herein is underscored by various news reports suggesting the involvement of a ring leader in the paper leak racket, purportedly acquiring the NEET question paper for a staggering sum of INR 60 crore in the state of Uttar Pradesh. Furthermore, instances of subsequent arrests, including those of individuals affiliated with one "Munna Bhai" gang and "Solver" gang across various states of the country evidently reflects the systemic flaws apparent in the administration of the NEET-UG exam by the National Testing Agency and casts serious aspersions on the integrity of other such coveted examinations conducted by it," it stated.

Moreover, the leakage raised significant concerns regarding the adequacy of security measures to uphold the integrity of the examination process. "The leakage of the NEET UG exam paper prior to the scheduled date raises serious concerns about the security measures in place to safeguard the integrity of the examination process. Such leaks undermine the fairness and credibility of the entire examination system," the plea read.

Citing a precedent from a similar situation in the case of Tanvi Sarwal v. Central Board of Secondary Education & Ors (2015) 6 SCC 573, where the Apex Court ordered the cancellation of the All India Pre-Medical and Pre-Dental Entrance Test, 2015, due to widespread paper leaks, the Petition urged for a similar course of action.

"This Hon'ble Court in a similar situation of widespread paper leak of All India Pre-Medical and Pre-Dental Entrance Test, 2015 held under the aegis of CBSE, in the case of Tanvi Sarwal Versus Central Board of Secondary Education & Ors. (2015) 6 SCC 573, cancelled the examination and directed the CBSE to conduct fresh examination within 4 weeks and further directed the investigation agencies to expedite the investigation process in the context of such incident," the plea read.

Cause Title: Vanshika Yadav v. Union of India & Ors. [W.P.(C) No. 000335 / 2024]

Appearance:-

Petitioner: Advocates Sunny Kadiyan (AoR), Sumit Kumar Sharma, Rajat Sangwan, Vaibhav Yadav,

Chief Justice DY ChandrachudJustice JB PardiwalaJustice Manoj MisraNEET PGMedical Enterance

Sukriti Mishra