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Court has said any students with individual grievances may approach the individual high court under Article 226 of the Constitution
The Supreme Court of India today has said that after considering the precedents before it and the materials submitted by the parties, it cannot hold that ordering cancellation of entire NEET UG 2024 exam would be justified.
A CJI DY Chandrachud led bench observed that court is mindful of the fact that directing a fresh NEET UG will be replete with serious consequences for over 2 million students, including:
"At the present stage, there is an absence of material sufficient to lead to the conclusion that the result of the examination stands vitiated or there was any systemic breach to the sanctity of the examination..", the bench also comprising Justices JB Pardiwala and Manoj Misra has held.
It has been further said that the data produced on record by the Union government, in comparison to the previous years was not indicative of a systemic leak of the paper which would indicate a destruction of the sanctity of the examination.
"It would need to be clarified that if the CBI's investigation reveals that more beneficiaries are there, actions shall be taken. No student who is revealed to have engaged in acts of fraud would be entitled to claim the right in continuation of admission", top court has added.
Notably, yesterday court was told that the NEET UG 2024 exam question paper was leaked prior to 3rd of May as opposed to the Centre's submission that the leak happened on the morning of May 5.
"Leak has happened prior to 3rd of May, their suggestion that it happened on 5th morning is hard to believe. A gang is involved in the leak..handiwork of a gang..not a peon going in the room and leaking the paper to 5-6 students..", Senior Advocate Hooda had submitted.
A CJI DY Chandrachud led was further told the manner of conducting the entire exam by the NTA was so brittle that it did not inspire confidence at all. "They admit paper leak, they admit dissemination happened on Whatsapp...Bihar police has recorded Section 161 statements..leak has happened prior to the deposition of question papers with the respective Banks..", Hooda added.
Supreme Court had earlier directed National Testing Agency to publish the results of all candidates who appeared for the NEET UG 2024 exam on its website while masking their identities.
Recently, National Testing Agency, which conducted the NEET UG, 2024 on May 5, had told the Supreme Court that the entirety of the exam was carried out fairly and with due confidentiality without any illegal practices.
Later, Supreme Court told the agency that it should not be in self-denial as it was a well know fact that the NEET UG 2024 exam question paper was leaked.
Notably, in the plethora of petitions that have been filed before the Supreme Court relating to the NEET UG 2024 exam, the court has decided to first hear the petitioners seeking a re-test.
Union government submitted an affidavit before the Supreme Court opposing the plea to cancel the NEET UG 2024 held on May 5 for admission to undergraduate courses in medical colleges across the country, saying scrapping the exam in entirety would seriously jeopardise the lakhs of honest candidates.
Education Ministry submitted the Union government is committed towards conduct of all competitive examinations in a fair and transparent manner.
Cause Title: Shivangi Mishra & Ors vs. National Testing Agency
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