New Delhi: The Supreme Court on Tuesday refused to cancel the NEET-UG 2024 exam saying that the demand for the cancellation of the exam is not justified, as "there is no material on record to show that there was breach in the sanctity of the exam".
A three-judge bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra said that there is absence of material on record which points that the result of the examination was vitiated and also there is no material to establish the breach of sanctity of examination.
'Cancellation Of Exam Not Justified'
CJI, pronouncing the order on behalf of the bench, said that the data on record does not indicate that there was a systemic leak of the question paper, which would indicate the disruption of the sanctity of the NEET-UG exam. "We are of the considered view that order cancellation of the entire NEET-UG exam is not justified," said the CJI.
The apex court noted that the fact that there was a leak of NEET-UG paper 2024 is not in dispute and the disclosures indicate the investigation is continuing, and the CBI probe indicated that about 155 students drawn from the exam centres at Hazaribagh and Patna appeared to be beneficiaries of the fraud.
'The Numbers'
The petitioners’ sought directions should be issued for convening a retest on the ground that the question paper was leaked and also there were systemic deficiencies in the modalities of the examination. The bench noted that over 2 million appeared for the exam and they were competing for 1.08 Lakh seats of which 56,000 seats are in government hospitals, the balance 52,000 being in private institutions. The 50th percentile is fixed as the qualifying cut-off for general category.
'Retest Disadvantageous To Marginalised'
The bench noted that directing a fresh NEET-UG would have serious consequences on lakhs of students, who appeared for the exam, which would include the disruption in the admission schedule to medical courses and it will have an impact on the course of medical education. The bench noted that a fresh exam will also impact on the availability of medical professionals in future and there is a serious element of disadvantage to marginalised students.
‘Data Supports NTA’s Sanctity’
The CJI said: “there is absence of material on record sufficient to lead to the conclusion the result of the examination is vitiated or there is systemic breach affecting the sanctity of the examination. The data which is produced on record, city-wise and centre-wise, and the comparison of the years 2022, 2023, and 2024, is not indicative of a systemic breach, which would disrupt the sanctity of the examination”.
‘Segregation Of Tainted From Untainted’
Chandrachud said the court is guided by the well-settled test of the possibility of segregating the tainted from the untainted and it is important to clarify that if the investigation reveals the involvement of an increased number of beneficiaries, then an action should be taken against them.
The ‘Illegalities’
Seeking cancellation of the NEET UG exam, the petitioners’ raised several contentions before the court: even if one student is a beneficiary through illegal means exam should be cancelled; main accused not arrested and the mobile through which the accused sent the paper is also not traceable; and merely figures are being placed before the court and the National Testing Agency (NTA) is trying to justify a leak case through data.
‘No Systemic Leak’
During the hearing, Solicitor General Tushar Mehta, representing the NTA and the Centre, submitted that the total number of students benefited from the leak were 155: 30 in Patna, and 125 in Hazaribagh. The CJI asked whether the leaked paper was sent to other centres as well, the CBI's officer, who was present in the court, replied the probe so far indicates that they have found only four locations in Bihar and Patna where the scanned copies of the solved question paper were sent.
‘Solved Papers Sent To 4 Locations’
The CBI said pictures of the question paper were taken and then the printout was taken of these photos, and after question paper solvers solved the question paper, the hard copy was scanned. The scanned copy was sent to a location in Hazaribagh and two locations in Patna, said the CBI.
‘NTA’s Key Was Right In Physics’
On the disputed physics question in the NEET exam, the CJI said only the correct answer should be considered. A lawyer representing tribal students and also students’ from economically weaker sections said her clients should be exempted if the court were to order a retest. The CJI, however, made it clear that if court orders for a retest, then no exceptions can be made.
Petitioners: ‘Leak Systemic’
Petitioners’ counsel said it is not known whether the main accused sent papers to people outside Hazaribagh and Patna. The bench said: “we also cannot say that the leak is only confined to Hazaribagh and Patna. Equally, we cannot say, prima facie, that the leak had gone beyond Hazaribagh and Patna”, and the leak was widespread and systemic to cancel the entire exam that also the court cannot say now.
Here is a Timeline of NEET-UG controversy and the legal battle
- 23.07.2024: The Supreme Court has refused to cancel the NEET-UG 2024 exam citing no material to indicate that the leak was systemic affecting the sanctity of the entire exam.
- 22.07.2024: Leader of Opposition Rahul Gandhi in Parliament: "It is obvious to the whole country that there is a very serious problem in our examination system, not just in NEET, but in all the major examinations. The minister (Dharmendra Pradhan) has blamed everybody except himself. I don't even think he understands the fundamentals of what is going on here."
- 22.07.2024: Apex court seeks help from IIT-Delhi Director to determine the right answer for which the NTA has awarded four marks to two options, whereas its original key contained only one answer. The court told the petitioners that they haven't provided any material to support their claim that the entire NEET-UG 2024 had been compromised. The CJI said the paper leak likely occurred on or before May 4.
- 20.07.2024: The NTA published the results centre-wise and city-wise results of the NEET-UG exams.
- 18.07.2024: The top court directed the NTA to publish NEET-UG 2024 exam results on their website, masking the candidates' identity city-wise and centre-wise.
- 11.07.2024: The fate of the exam and the future of lakhs of medical aspirants hangs in the balance as the top court is scheduled to hold its next hearing on the NEET-UG matter.
- 10.07.2024: The Centre informs the Supreme Court in an affidavit that the Ministry of Education has engaged IIT Madras to conduct comprehensive data analytics of the NEET-UG 2024 results. The affidavit asserted that there is no evidence supporting allegations of widespread cheating or specific groups unfairly benefiting from abnormal scores.
- 08.07.2024: The top court continued its crucial hearing on the NEET-UG controversy. The Chief Justice stressed that a re-test for nearly 24 lakh students would be a last resort, highlighting the financial burden it would place on families. The court stressed the need for a thorough investigation and a full disclosure report before reaching a final decision.
- 27.06.2024: The CBI made its first arrests in connection with its probe into the NEET-UG paper leak in Patna. The central probe agency apprehended Manish Kumar and Ashutosh Kumar from Patna.
- 27.06.2024: President Droupadi Murmu said that the government is committed to a fair investigation of the recent incidents of paper leaks as well as stringent punishment for the guilty.
- 23.06.2024: A retest for 1,563 applicants was held with 813 candidates taking the exam.
- 22.06.2024: Recognising the need for systemic reforms, the Union Education Ministry forms a high-level committee of experts led by former ISRO Chief Dr K. Radhakrishnan.
- 21.06.2024: Amid calls for accountability, the government replaces NTA's Director General. Additionally, the Centre announces the enforcement of the Public Examinations (Prevention of Unfair Means) Act, 2024, tightening regulations to safeguard against future exam irregularities.
- 20.06.2024: The Supreme Court directed Bihar and Gujarat Police to submit a detailed report on the investigation into the alleged NEET-UG paper leak. Notably, the court refrains from ordering a nationwide re-test for all students, acknowledging the potential hardship it would cause.
- 20.06.2024: Education Minister Dharmendra Pradhan confirmed the UGC-NET paper leak on Darknet, further fueling public outrage. Simultaneously, revelations surfaced from Bihar where individuals were arrested in connection with the NEET UG paper leak, intensifying scrutiny of the NTA's operations.
- 19.06.2024: The Union Education Ministry cancelled the UGC-NET 2024 exam amidst revelations of a paper leak, prompting a Central Bureau of Investigation (CBI) probe.
- 17.06.2024: The Education Minister conceded to irregularities in the exam, acknowledging a lapse in security protocols.
- 15.06.2024: A new petition was filed in the Supreme Court, demanding a re-evaluation of all answer sheets to ensure a level playing field.
- 14.06.2024: The Education Minister denied allegations of corruption surrounding the exam.
- 13.06.2024: The top court ordered a re-examination for the 1,563 students who received "grace marks." The court stressed the need to uphold fairness and transparency in the selection process.
- 11.06.2024: The Supreme Court issued a notice to the NTA and the Centre and sought their response on the allegations surrounding the exam. The court acknowledged the potential compromise of the exam's sanctity.
- 10.06.2024: Multiple petitions were filed in the Supreme Court, urging a fresh examination due to alleged irregularities. Political leaders also joined the chorus, demanding a thorough investigation.
- 08.06.2024: NTA Director General Subodh Kumar Singh announced a four-member panel to review the grace marks awarded to over 1,500 candidates.
- 08.06.2024: Discontent with the results spills onto the streets as students and parents protest across the country and demands for a re-test and re-evaluation gain momentum.
- 06.06.2024: The NTA issued a statement addressing concerns raised by candidates. It defended the revision of marks for affected students, asserting that CCTV footage verification at exam centres confirmed no compromise in the exam's integrity.
- 04.06.2024: The NEET-UG results were declared, raising eyebrows amidst an unusually high number of toppers (67 students). Issues included complaints of paper leaks at various exam centres and the controversial decision to compensate 1,563 students for time lost during the exam.
- 17.05.2024: A petition alleging irregularities in the exam reached the Supreme Court. The petition raised concerns about a possible question paper leak.
- 05.05.2024: The NTA conducted the NEET-UG exam for over 24 lakh students across 4,750 centres in 571 cities, including 14 abroad.
