New Delhi: The Supreme Court on Friday said it favours not ordering afresh NEET-UG 24, as the leak of the paper does not appear to be widespread or systemic, and stressed if it is possible to separate the tainted candidates from the untainted ones there would be no justification to cancel the medical exam, as honest candidates would be made to suffer.
A bench led by Chief Justice of India D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra pronounced the verdict containing detailed reasons for not cancelling the 2024 NEET-UG medical entrance examination, against the backdrop that it was beyond cavil that question paper was leaked and some students indulged in malpractice.
The CJI, who authored the judgment on behalf of the bench, said: "This court noticed that the purpose of assessing whether the sanctity of the exam has been vitiated at a systemic level was to facilitate and encourage a proportional response."
"If it is possible to separate the tainted candidates from the untainted ones, there would be no justification to cancel the exam. This is because honest candidates would be made to suffer without reason due to the actions of some unscrupulous candidates. It is also important for the response to malpractice to be proportionate. Ordering a re-test would disrupt the academic schedule for the year," said the CJI.
The bench said any such direction will have disproportionate consequences for candidates from marginalised backgrounds and they would be disadvantaged, in the event of a re-exam – neither are desirable outcomes.
The bench noted that students who were beneficiaries of the leak at Hazaribagh and Patna are capable of being identified.
The bench further said courts are required to assess the extent of the use of unfair means and separately, consider whether it is possible to separate tainted and untainted candidates, and stressed, "a holistic view must be taken".
Citing a report of the Director of IIT, Madras, the bench said it becomes clear that there are no abnormalities in the results for 2024 when compared with the results for the past two years and the leak of the paper does not appear to be widespread or systemic.
The bench said the leak appears to be restricted to isolated incidents in some cities, which have been identified by the police or are in the process of being identified by the CBI.
On registration of new candidates' on April 9-10, the bench said it cannot reach the conclusion that the reopening of the registration portal led to or facilitated malpractice.
"Sufficient material is not on record at present which indicates a systemic leak or systemic malpractice of other forms….an assessment of the data indicates that there are no deviations which indicate that systemic cheating has taken place," said the bench, in the 63-page judgment.
The CJI said the information before us at this stage does not show that the question paper was disseminated widely using social media or the internet, or that the answers were being communicated to students using sophisticated electronic means which may prove difficult to trace.
"The students who were beneficiaries of the leak at Hazaribagh and Patna are capable of being identified….This leads us to conclude that it is possible to separate the beneficiaries of malpractice or fraud from the honest students. This being the case, the court cannot direct a re-exam," said the CJI, adding that no such nationwide ring is seen at present in this case.
The conduct of the National Testing Agency (NTA): Cause for concern
The apex court said while the integrity of the NEET was not vitiated at a systemic level, the manner in which NTA has organised the exam this year gives rise to serious concerns.
"A body such as NTA which is entrusted with immense responsibility in relation to highly important competitive exams cannot afford to misstep, take an incorrect decision, and amend it at a later stage. All decisions must be well-considered, with due regard to the importance of the decision. Flipflops are an anathema to fairness", said the bench.
The CJI said it is no excuse to say that the exam is conducted in myriad centres or that a large number of aspirants appear for the exam and added that NTA has sufficient resources at its disposal.
"The paper was leaked in Patna and Hazaribagh. In one of the centres, the rear door of the strongroom was opened and unauthorised persons were permitted to access the question papers. This indicates that there is a serious lapse in security and that security measures which are stringent and effective must be implemented by NTA," noted the bench.
The apex court said another point of concern is that NTA relies on persons over whom it does not exercise direct oversight to be the invigilators for the exam.
"There are various methods which may be adopted to ensure appropriate oversight over invigilators and decrease the likelihood of the use of unfair means," it said.
The bench said the security protocols must be tightened to decrease the possibility of malpractice and fraud and to lessen access by private persons to the question papers.
"NTA is directed to ensure that all the concerns highlighted by the Court in this judgment are addressed. The committee constituted by the Union Government is also requested to keep these issues in mind while formulating its recommendations," said the bench.
SC expands the remit of the Centre’s committee
The apex court also expanded the remit of the Centre-appointed panel headed by former Indian Space Research Organisation (ISRO) chief K Radhakrishnan constituted to review the functioning of the NTA, which holds NEET-UG, and recommend examination reforms.
The apex court suggested the committee to evaluate and recommend reforms in the mechanism of administration of the exam, formulate SOP, and stricter procedures for verifying candidate identities.
"Consider the viability of comprehensive CCTV surveillance systems at all examination centres, including real-time monitoring and recording of all activities. The aim is to deter and detect any malpractice or unauthorised activities and to provide evidence in case of incidents," said the bench.
The bench asked the committee to review and suggest enhancements for the processes for the setting, printing, transportation, storage, and handling of question papers.
"Consider the viability of conducting regular audits and surprise inspections of examination centres… Recommend the development of a robust grievance redressal mechanism," said the bench.
The committee should suggest advanced data security protocols, including encryption and secure data transmission methods.
"Recommend systems to monitor and track digital footprints related to the examination materials….Consider how regularly cybersecurity audits and vulnerability assessments must be conducted to identify and address potential weaknesses in the electronic dissemination and storage systems", said the bench.
The bench said the committee should consider the viability of NTA engaging in international cooperation with examination bodies and educational authorities from other countries to share best practices, security measures, and innovative solutions.
Suggest the creation of a management framework to identify, assess, and mitigate potential risks related to examination security, it added.
The apex court said since the remit of the committee has been expanded, it would submit its report by September 30 on various measures to rectify deficiencies in the examination system. The apex court delivered the judgment on a batch of petitions seeking cancellation of NEET-UG 2024.
