Supreme Court Refuses To Cancel UGC-NET Examination, Says There Will Be Chaos In Country

The Supreme Court, today, refused to entertain a writ petition under Article 32 of the Constitution seeking cancellation of the UGC-NET examination which is to be held from August 21, 2024.

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra said, "Nearly two months have elapsed since the examination was cancelled and fresh examination is now to be held in the course of the next days. Entertaining the petition under Article 32 of the Constitution at the present stage would only add to uncertainty and result in utter chaos...In view of the matter, we are of the considered view that it will not be appropriate for this Court to interfere at this late stage to question the decision of cancellation of the exam."

Senior Advocate Devashish Bharuka, for the Petitioners, informed the Court that the fresh exam is only going to be held on August 21, 2024, and nearly 9 lacs students will appear for the exams.

CJI said, "If we entertain to cancel the UGC-NET which is going to held on 21st, there will be chaos all over the country. They will not know what to do. Let there will be finality, we are not in a perfect world. The government is holding the UG-NET on 21st, let them hold it...Students must have certainty, you know."

The Bench further said, "Sometimes you know we must also show some degree of restraint and allow things to go...9 lacs students are preparing for the exam...Supreme Court putting its foot has a very serious consequence on the students."

The writ petition, filed by AOR Rohit Kumar, Advocates Ujjawal Gaur and Shailendra Singh, challenged the decision by the University Grants Commission (UGC) and other respondents to cancel the UGC-NET examination on the basis of alleged paper leaks after the examination had been conducted. The petitioner asserted that the decision was not only arbitrary but also unjust, given the recent findings of the Central Bureau of Investigation (CBI).

The CBI's investigation revealed that the evidence suggesting the paper leak was doctored, thus nullifying the grounds on which the cancellation was based. The petitioner submitted that this unwarranted cancellation of the exam has caused significant distress, anxiety, and an unnecessary expenditure of resources for the aspirants who have rigorously prepared for this crucial examination. The decision has disrupted the academic and professional plans of countless students, undermining their trust in the examination system.

The Petition stated, "The petitioners argue that the cancellation, premised on falsified evidence, is a gross miscarriage of justice. It violates the fundamental principles of fairness and equity enshrined in the Constitution of India. The arbitrary nature of this decision reflects a lack of due diligence and disregard for the welfare of the primary stakeholders – the students. Adding to the arbitrariness of the decision is the fact that the NTA has issued new dates for the NET exam, scheduled for August-September 2024, despite the ongoing inquiry not being completed. Furthermore, it is surprising that there has been no clarification regarding which paper was leaked—which shift’s paper was leaked, Shift 1 or Shift 2, whether Paper 1 (common for all candidates) was leaked or Paper 2 (specific to each subject) was leaked."

In 2024, UGC released the calendar for the NET-JRF JUNE 2024 examination to be conducted by the Respondent National Testing Agency, NTA.

In June 2024, the NTA released admit cards for the Petitioners for appearing in the NET-JRF JUNE 2024 examination. On June 18, 2024, the exam was conducted and on June 19, 2024, the NTA/Ministry of Education cancelled the UGC-NET Examination.

The Plea said, "The CBI’s investigation revealed that the evidence leading to the cancellation of the UGC-NET June 2024 exam was manipulated. The purported paper leak, which was the primary reason for the cancellation, was found to be fabricated. The manipulation involved doctoring a photograph of the exam paper to make it appear as if the paper was leaked before the exam started. This raises serious questions about the validity of the cancellation decision, suggesting it was based on false information...Despite the severe impact of the cancellation on over 9 lakh candidates, the authorities have not provided specific details regarding the alleged leak or the subjects affected. The lack of transparency in disclosing critical information undermines the confidence of the candidates and the public in the integrity of the examination process."

The Petitioners prayed for several directions inter alia, 1) to immediately furnish the material related to the alleged leak of NET-JRF examination; 2) to place the material collected by the agency and its preliminary report.

It was also prayed, "Issue a Writ of mandamus Should the CBI's findings reveal that the UGC NET June 2024 examination paper was compromised, it is respectfully prayed that this Hon'ble Court may be pleased to direct the CBI to disclose which specific paper was leaked. If only Paper-1, which is common to all candidates for Shift 1 and Shift 2, was leaked, then a re-examination of only paper 1 of that particular shift should take place. If the CBI determines that Paper 2 was leaked, which is different for all subjects, it should specify which subject's paper was compromised, as there are 83 subjects, and a re-examination should be conducted only for that specific subject. However, if the CBI finds that both Paper 1 and Paper 2 of a particular shift were leaked, then a re-examination for both papers of that particular shift may be conducted."

Cause Title: Parveen Dabas & Ors. v. Ministry of Education & Ors. (W.P. (C) No. 498 of 2024)