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This is an archive article published on August 2, 2024

Supreme Court says no need to cancel NEET UG, points to NTA’s ‘flip-flops’ in exam management

In a detailed order, the Supreme Court said NTA “cannot afford to misstep, take an incorrect decision, and amend it at a later stage”.

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Holding that there was no systemic leak of question papers of the NEET-UG 2024 which would warrant its cancellation, the Supreme Court said on Friday how the National Testing Agency (NTA) organised the exam this year “gives rise to serious concerns”.

In its detailed order, the three-judge bench presided by Chief Justice of India D Y Chandrachud flagged the “multiple occurrences in the conduct of the exam” which it said prompted it to arrive at the conclusion. “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. NTA has sufficient resources at its disposal. It has adequate funding, time, and opportunities to organise exams such as the NEET without lapses of the kind that occurred this year,” said the bench also comprising Justices J B Pardiwala and Manoj Misra.

“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… flip-flops are an anathema to fairness,” said the bench.

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“Intense competition amongst the aspirants coupled with the commercialisation of education has led to a few towns or cities becoming hubs for classes which train candidates for competitive exams. While these towns or cities may have a higher rate of success than some others, instances of malpractice at such centres should be treated on par with any other instance. All instances of the use of unfair means must be dealt with firmly”.

Writing for the bench, CJI Chandrachud said “the formation of a committee is essential to thoroughly investigate and address the structural issues”.

The ruling noted the Centre had already constituted a seven-member expert committee chaired by K Radhakrishnan, former chairman, Isro, and said that it shall, in addition to the tasks entrusted by the Union government and NTA, would also look into issues of examination security and administration, research and suggest advanced data security protocols, including encryption and secure data transmission methods to protect examination materials from unauthorised access and potential leaks and review and recommend updates to the policies and Standard Operating Procedures of NTA to align with best practices, ensuring that the agency is equipped to handle evolving challenges in examination security.

It shall also 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, said the apex court.

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In view of the expanded ambit, the Supreme Court also extended the deadline for the committee to submit its report to the Union Ministry of Education from August 22 set by the Centre to September 30. “The Ministry of Education shall take a decision on the recommendations made by the committee within a period of one month from receiving the report. It shall prepare and begin to implement a plan of action on this basis. The Ministry of Education shall report compliance with these directions within two weeks of taking the decision on the implementation of the recommendations,” said the court.

In July, the Supreme Court delivered an interim verdict on multiple petitions seeking a re-test of NEET-UG 2024. While the court said it was clear a leak had taken place in the NEET UG 2024, it added ordering a retest depends on whether the alleged breach was at a systemic level and affected the integrity of the entire process, and whether it was possible to segregate the beneficiaries of the fraud from untainted students.

NTA has released the revised NEET UG results and the counselling has begun.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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