The National Testing Agency ('NTA') states that the candidates scoring full marks in the National Entrance-cum-Eligibility Test-Under Graduate Exam, 2024 (NEET-UG, 2024) is due to a reduction in the syllabus which was done to alleviate pressure.

It also states that the candidates involved in the alleged paper leak were very minuscule, therefore, cancelling the examination will be counterproductive.

The NTA has filed an affidavit in the instances of alleged malpractices in two cities i.e. Patna and Godhra. These instances of unfair means were alleged to be committed by impersonation. They were caught by exam functionaries at the examination centres and were reported.

The NTA states, "The most prominent factor in 61 candidates scoring 720/720 is due to the reduction in the syllabus, which was done to enable the candidates to focus on the core concepts and to alleviate pressure on students who faced challenges in completing their studies due to pandemic in 2019-20."

NTA also explains the conduct of the examination under the National Medical Commission Act, 2019, measures to ensure the integrity of the process, details of exams conducted since its creation and pre-exam and post-exam preparations.

The Affidavit also thoroughly explains the incidents, and aftermath of the alleged malpractices in Patna and Godhra and says, "The alleged incident/attempt of leak does not seem to have any bearing on the conduct of entire examination, as the number of students/candidates found to be involved by the investigating agencies is minuscule compared to number of candidates who appeared. The cancellation of the entire examination on the basis of aforesaid factor, would be hugely counterproductive and significantly harmful to the larger public interest, especially to the career prospects of the qualified candidates."

As regards the contention of the Petitioner that the exam has been adversely affected by the wrong formulation of a Physics question, NTA states that such plea/excuse claimed by the candidate that the question was not attempted as there was more than one correct option does not merit any consideration. Such contention deserves to be rejected at the threshold as clear instructions were given in the Information Bulletin of NEET UG,2024.

"It is also relevant to mention that a choice of 05 questions in each of the 04 (four) Subjects was given to rationalize the decision of reduction in the syllabus by various School Education Boards. Though the syllabus was reduced, the time remained the same and so did the choice of questions in Section B of each subject in the Question paper. Therefore, the candidates appearing in NEET (UG) 2024 were administered a QP which was balanced, based out of a reduced syllabus and was to be attempted in 03 hrs 20 minutes.", NTA says.

It also said that the conduct of the examination alone is within the domain and purview of the NTA. Further, the activities which are in the realm of the commission of offences by criminals do not come within its purview as the same falls within the domain and purview of law enforcement agencies.

The Affidavit also states that the issue of paper leaks was restricted only to the places in Bihar, Rajasthan, Gujarat and Chhattisgarh, which are being dealt with strictly by the concerned authorities. Moreover, it states that the Government has ordered a CBI investigation into the alleged paper leak, therefore, necessary steps will follow.

The Supreme Court had issued notice in the 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. The NTA has filed the present affidavit in this petition.

Recently, the Union of India has also filed an affidavit stating that in the absence of any proof of large-scale breach of confidentiality in the NEET-UG, 2024, it would be irrational to scrap the examination.

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

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