Can't Unseat The Whole Process: Supreme Court Dismisses Petition Against Two NEET-UG Questions

The Supreme Court dismissed a petition challenging the Delhi High Court's refusal to declare two question in this year's NEET-UG to be incorrect and praying for granting of bonus marks.

The Court was hearing a Special Leave Petition against the Delhi High Court's Judgment delivered on August 1, 2024 dismissing a Writ Petition filed by a National Eligibility-cum-Entrance Test (Undergraduate), 2024 candidate. The High Court had dismissed the petition noting that subject experts had examined the challenged questions, that results were subsequently declared and the schedule for counselling could not be disturbed at that stage.

A Bench comprising the Chief Justice of India (CJI) Dr. D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra refused to examine an appeal against the High Court's Judgment, declaring that "We cannot unseat the whole process."

"If you are right, then the entire result of the examination will have to be redone. What happens to those students who have been admitted? The admissions are also complete. We can't interfere in this case. Sorry. Thank you. Dismissed." the CJI told the petitioner, who appeared in person.

The petitioner had argued before the High Court that the inaction of the National Testing Agency (NTA) in not declaring questions 104 and 149 of the R4 test booklet as incorrect and not granting bonus marks was "arbitrary, discriminatory, unjust, unethical and violative of fundamental rights."

Upon the receipt of objections, the NTA had the issue examined by subject experts, the Court recorded, adding that as per judicial precedents, it "cannot sit as an appellate authority over the decision of the experts regarding the correct answers to the questions."

On July 23, 2024, the Supreme Court had refused to cancel the NEET-UG 2024 exam reasoning that there was not enough material at that stage to conclude that the results were vitiated or that there was a systematic breach of the sanctity of the exam. The Court had said that ordering a retest would be unjustified. In that Order, the Court had clarified that if any student had unresolved issues, they were free to pursue their remedies in accordance with law.

Cause Title: Nandita v. National Testing Agency [SLP(C) 21138-21139 of 2024]