New Delhi, observing that a retest must be ordered if the sanctity of NEET-UG 2024 is "lost", the Supreme Court on Monday sought information from the National Testing Agency and the CBI about the timing of the question paper leak and the duration between leak and actual test.
The top court also asked for the number of violators identified so far and the methodology adopted for leaking the document.
"One thing is clear: a questionnaire leak has taken place," a bench headed by Chief Justice D Y Chandrachud said, adding that the extent of questionnaire leak and beneficiaries across geographical boundaries should be determined before that the court can order a new test. in the controversial medical entrance examination held on May 5. Posting the next hearing on a batch of pleas alleging irregularities in the NEET-UG for July 11, the court directed the CBI investigating officer, who is conducting conduct an investigation into the allegations of malpractices, manipulation of OMR sheets, impersonation and cheating, placing before him a report indicating the status of the probe.
Referring to the legal position on ordering a retest, the top court said it will have to be "examined whether the alleged violation has taken place at a systemic level, whether the violation has affected the integrity of the entire examination process and whether it is possible to segregate the beneficiaries of the uncontaminated student fraud.
"In a situation where the non-compliance affects the entire process and it is not possible to separate the beneficiaries from the others, it may be necessary to order a new test," said the court, also comprising judges JB Pardiwala and Manoj Misra .He said that the NTA must reveal the measures taken so far to identify the beneficiaries of the irregularities.
The court asked the ANT to inform it about the measures adopted to identify the centers and cities where the questionnaire leak occurred, the modalities followed to identify the beneficiaries and their number determined so far.
Expressing concern about ensuring the sanctity of NEET-UG, the court said it would be necessary for the government to consider setting up a multi-disciplinary team of renowned experts so that similar cases do not recur in future. During the hearing, the court observed that if the sanctity of NEET-UG 2024 is 'lost' and if the leak of its question paper has spread across social media, then a retest must be ordered.
He said that if the leak of the questionnaire occurred through Telegram, WhatsApp and electronic media, then "it spreads like wildfire."
"If the sanctity of the examination is lost, then a new test must be ordered. If we cannot identify the culprits, then a new test must be ordered," the court observed. "Let us not dwell on what happened," it said, He added, "Assuming the government does not cancel the exam, what will it do to identify the beneficiaries of the question paper leak?"
The top court was hearing over 30 pleas related to the controversial NEET-UG 2024, including those alleging irregularities and malpractices in the May 5 test and seeking directions to conduct it again.
"There is no doubt that there has been a leak of the question paper. We are ascertaining the extent of the leak," the court observed. It said there were certain "red flags" as 67 candidates had scored 720 out of 720.
"In previous years the proportion was very low," the court added.
The top court said it wanted to know how many people benefited from the questionnaire leak and what action the Center took against them. "The results of how many miscreants have been held and we want to know the geographical distribution of such beneficiaries," it said.
The court is also hearing a separate petition by over 50 successful Gujarat-based NEET-UG candidates seeking directions to stop the Center and NTA from canceling the medical entrance exam.
Lawyers representing a petitioner began the submissions saying they were seeking cancellation of the exam on grounds like paper leak, tampering with OMR sheets, impersonation and cheating. The Center and the NTA, which conducts NEET-UG, recently told the apex court through its affidavits that scrapping the exam would be "counterproductive" and "seriously endanger" thousands of honest candidates in the absence of any evidence of large-scale breach of confidentiality.
The NTA and the Union Education Ministry have been at the center of media debates and protests by students and political parties over alleged large-scale malpractices ranging from question paper leaks to exam impersonation.
The NTA conducts the National Eligibility and Entrance Test for Undergraduate Degree (NEET-UG) for admissions to MBBS, BDS, AYUSH and other related courses in government and private institutions across the country.Allegations of irregularities, including document leaks, They have sparked protests in several cities and clashes between rival political parties.
In NEET-UG 2024, a total of 67 students scored a perfect score of 720, unprecedented in the history of NTA, with six from a center in Haryana making the list, raising suspicions about irregularities in the exam. It has been alleged that the grace marks contributed to the 67 students sharing the top position.
The number of candidates sharing the top rank in the NEET-UG was reduced from 67 to 61 when the NTA announced the revised results on July 1.
The top court also asked for the number of violators identified so far and the methodology adopted for leaking the document.
"One thing is clear: a questionnaire leak has taken place," a bench headed by Chief Justice D Y Chandrachud said, adding that the extent of questionnaire leak and beneficiaries across geographical boundaries should be determined before that the court can order a new test. in the controversial medical entrance examination held on May 5. Posting the next hearing on a batch of pleas alleging irregularities in the NEET-UG for July 11, the court directed the CBI investigating officer, who is conducting conduct an investigation into the allegations of malpractices, manipulation of OMR sheets, impersonation and cheating, placing before him a report indicating the status of the probe.
Referring to the legal position on ordering a retest, the top court said it will have to be "examined whether the alleged violation has taken place at a systemic level, whether the violation has affected the integrity of the entire examination process and whether it is possible to segregate the beneficiaries of the uncontaminated student fraud.
"In a situation where the non-compliance affects the entire process and it is not possible to separate the beneficiaries from the others, it may be necessary to order a new test," said the court, also comprising judges JB Pardiwala and Manoj Misra .He said that the NTA must reveal the measures taken so far to identify the beneficiaries of the irregularities.
The court asked the ANT to inform it about the measures adopted to identify the centers and cities where the questionnaire leak occurred, the modalities followed to identify the beneficiaries and their number determined so far.
Expressing concern about ensuring the sanctity of NEET-UG, the court said it would be necessary for the government to consider setting up a multi-disciplinary team of renowned experts so that similar cases do not recur in future. During the hearing, the court observed that if the sanctity of NEET-UG 2024 is 'lost' and if the leak of its question paper has spread across social media, then a retest must be ordered.
He said that if the leak of the questionnaire occurred through Telegram, WhatsApp and electronic media, then "it spreads like wildfire."
"If the sanctity of the examination is lost, then a new test must be ordered. If we cannot identify the culprits, then a new test must be ordered," the court observed. "Let us not dwell on what happened," it said, He added, "Assuming the government does not cancel the exam, what will it do to identify the beneficiaries of the question paper leak?"
The top court was hearing over 30 pleas related to the controversial NEET-UG 2024, including those alleging irregularities and malpractices in the May 5 test and seeking directions to conduct it again.
"There is no doubt that there has been a leak of the question paper. We are ascertaining the extent of the leak," the court observed. It said there were certain "red flags" as 67 candidates had scored 720 out of 720.
"In previous years the proportion was very low," the court added.
The top court said it wanted to know how many people benefited from the questionnaire leak and what action the Center took against them. "The results of how many miscreants have been held and we want to know the geographical distribution of such beneficiaries," it said.
The court is also hearing a separate petition by over 50 successful Gujarat-based NEET-UG candidates seeking directions to stop the Center and NTA from canceling the medical entrance exam.
Lawyers representing a petitioner began the submissions saying they were seeking cancellation of the exam on grounds like paper leak, tampering with OMR sheets, impersonation and cheating. The Center and the NTA, which conducts NEET-UG, recently told the apex court through its affidavits that scrapping the exam would be "counterproductive" and "seriously endanger" thousands of honest candidates in the absence of any evidence of large-scale breach of confidentiality.
The NTA and the Union Education Ministry have been at the center of media debates and protests by students and political parties over alleged large-scale malpractices ranging from question paper leaks to exam impersonation.
The NTA conducts the National Eligibility and Entrance Test for Undergraduate Degree (NEET-UG) for admissions to MBBS, BDS, AYUSH and other related courses in government and private institutions across the country.Allegations of irregularities, including document leaks, They have sparked protests in several cities and clashes between rival political parties.
In NEET-UG 2024, a total of 67 students scored a perfect score of 720, unprecedented in the history of NTA, with six from a center in Haryana making the list, raising suspicions about irregularities in the exam. It has been alleged that the grace marks contributed to the 67 students sharing the top position.
The number of candidates sharing the top rank in the NEET-UG was reduced from 67 to 61 when the NTA announced the revised results on July 1.
