Like the Union Government, the National Testing Agency (NTA) also filed an saffidavit in the Supreme Court opposing the pleas for the cancellation of the NEET-UG 2024 exam.
The NTA stated that the instances of alleged malpractices are isolated and confined to centres in two cities, i.e., Patna and Godhra.
It asserted that the NEET-UG 2024 undertaken by 23 lakh students at 4750 centres in 571 cities has not suffered "systemic failure" and the entire exam has not been vitiated by individual instances of unfair means and paper leak.
The cancellation of the entire examination on the basis of the aforesaid factor, would be hugely counterproductive and significantly harmful to the larger public interest, especially to the career prospects of the qualified candidates."
Therein, the petition had prayed the Court that NEET UG exams should be conducted afresh in light of the alleged malpractices and paper leak of the exam.
Like the Union Government, the National Testing Agency (NTA) also filed an saffidavit in the Supreme Court opposing the pleas for the cancellation of the NEET-UG 2024 exam.
The NTA stated that the instances of alleged malpractices are isolated and confined to centres in two cities, i.e., Patna and Godhra. Thus, in view of that, it is submitted that if the entire examination is cancelled, then it would be “highly detrimental to the larger public interest” of lakhs of students who took their exam.
Notably, the testing agency has asserted that the alleged malpractices have neither impacted the exam's "sanctity" nor provided any “undue benefit” to the students who appeared from their exams in these centres. It asserted that the NEET-UG 2024 undertaken by 23 lakh students at 4750 centres in 571 cities has not suffered "systemic failure" and the entire exam has not been vitiated by individual instances of unfair means and paper leak.
“The performance chart of the students at the said centers reveals that the performance of the students at these centers is neither abnormally high nor significantly different from the national average of performance of the remaining centers at different places in the country. The data so prepared also shows that the students from the concerned center have not scored such marks which would make them eligible or entitle them for admission to the medical colleges of primary importance.,” the affidavit said.
Elaborating on the action taken, it has been submitted that in the case of Patna center, the modus operandi adopted was to sneak one copy of the question papers. This copy was allegedly used to facilitate malpractices by solving the questions and tutoring the answers to the candidates involved. However, it has also been highlighted that the number of such candidates who have allegedly benefitted appears to be “minuscule”.
"However, based on the revelations made so far in the case, it is humbly submitted that the alleged incident/attempt of leak does not seem to have any bearing on the conduct of entire examination, as the number of students/candidates found to be involved by the investigating agencies is minuscule compared to number of candidates who appeared. The cancellation of the entire examination on the basis of the aforesaid factor, would be hugely counterproductive and significantly harmful to the larger public interest, especially to the career prospects of the qualified candidates."
Coming to the malpractice at Godhra center, it has been argued that the same was seemingly engineered by one Deputy Superintendent of examination namely Mr. Tushar Bhatt. Allegedly, he had conspired with some of the students to help them by filling their OMR sheets after the completion of their examination. However, as per the agency, the officials addressed this issue in advance and the accused was timely arrested.
“As in the case of Godhra instance, the investigation in respect of this incident which was initially conducted by the local police, has also been assigned to CBI, the premier investigation agency at the central level. A few arrests also appear to have already been made and some of the identified students who were supposed to be beneficiaries of the malpractice have also been arrested along with the masterminds of the offence.,” the affidavit added.
Highlighting the steps taken by the agency to ensure that the exam was carried out fairly and with due confidentiality without any illegal practices, it is submitted that the present exam has not suffered “systematic failure.” "It is further submitted that DO Letters were issued by the Director General (NTA) to the Chief Secretaries & DGPs of all States/UTs as well as to the DMs/DCs & Police Commissioners/SPs in the last week of March 2024, for their guidance/support regarding any specific security protocols or measures that need to be followed to ensure compliance of law and to uphold the sanctity of the examination process." “Considering the sensitivity involved in the high-stake examination like NEET (UG) - 2024, verification of the candidates at the exam centers was carried out through Aadhaar authentication, with a view to curb malpractices, such as, impersonation.,” the pea added. Apart from this, NTA also submitted that the Central Bureau of Investigation (CBI) has already undertaken an investigation into alleged malpractices, and a conclusive opinion about any systematic failure can only be reached after that. “It is submitted that as part of various steps taken by the Union of India, investigation by the Central Bureau of Investigation (CBI) into alleged malpractices in NEET (UG) - 2024, is underway. It is submitted that any conclusive opinion as to whether there was systematic failure or not can be made out only after a comprehensive consideration of all relevant factors, which are explained herein below. It is submitted that if the entire examination process is cancelled without their being any tangible factors warranting such actions it would be highly detrimental to larger public interest involving the academic career of lakhs of students who have attempted the exam without any wrongdoing…” The NTA stated it has withheld the results of the students involved in malpractices and issued show-cause notices to them for penal action and debarment. The affidavit has also driven its strength from the case of Sachin Kumar & Ors Vs DSSSB &Ors, (2021) 4 SCC 631., wherein the Top Court had observed that those who are innocent of wrongdoing should not pay a price for those who are actually found to be involved in irregularities. By segregating the wrongdoers, the selection of the untainted candidates can be allowed to pass muster by taking the selection process to its logical conclusion., the Court opined
NTA's affidavit has been filed in the case of affidavit is filed in the case of Vanshika Yadav v. UOI. Therein, the petition had prayed the Court that NEET UG exams should be conducted afresh in light of the alleged malpractices and paper leak of the exam. Though the bench led by Chief Justice of India DY Chandrachud issued notice on that petition and posted the matter in July, the bench stated that the results of the exams held on a pan-India basis cannot be stayed. Earlier today, the Union Government had also filed an affidavit in the Supreme Court opposing the cancellation of the NEET-UG 2024 exam, saying that it is not rational to scrap the entire exam in the absence of any proof of large-scale breach of confidentiality. "Scrapping the exam in its entirety would seriously jeopardise the lakhs of honest candidates who attempted the question paper in 2024," stated the affidavit filed by the Union Ministry of Education ahead of the Supreme Court hearing scheduled on July 8.
Case Details : Vanshika Yadav v. UOI W.P.(C) No. 000335 - / 2024
