Education – Medical Education – MBBS Admission – Examination – Entrance Test – National Eligibility-cumEntrance Test (NEET) (UG) 2024 – Leakage of the question paper – Systemic deficiencies – Separation of tainted and untainted candidates:
Held: It is settled law that the cancellation of an examination, either for the purposes of gaining admission into professional and other courses or for the purpose of recruitment to a government post, is justified only in cases where the sanctity of the exam is found to be compromised at a systemic level – Courts may direct the cancellation of an examination or approve such cancellation by the competent authority only if it is not possible to separate the tainted candidates from the untainted ones – In the instant case, that the question paper was leaked and some students indulged in malpractice is beyond cavil – No party before the Court including NTA disputes this – Certain centres found themselves in the midst of the controversy in this case – It was averred that malpractice was widespread in Hazaribagh, Jharkhand, Patna, Bihar, and Godhra, Gujarat – From the figures provided by NTA, it becomes clear that there are no abnormalities in the results for 2024 when compared with the results for the past two years – The report of the Director of IIT, Madras also supports the conclusion of this Court – The report stated that there were no “abnormal indications” in the results for this year, when compared to previous years – Hence, an analysis of the results does not lend support to the case of the petitioners who seek the cancellation of the exam – The leak of the paper does not appear to be widespread or systemic – It 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 – The material on record does not, at present, substantiate the allegation that there has been a widespread malpractice which compromised the integrity of the exam – To the contrary, an assessment of the data indicates that there are no deviations which indicate that systemic cheating has taken place – The information 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 – The CBI investigation reveals the number of students who are the beneficiaries of the malpractice at Hazaribagh and Patna at this stage – This leads 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. [Paras 61, 74, 77, 84]
Education – Examination – National Eligibility-cum-Entrance Test (NEET) (UG) 2024 – Conduct of NTA, a cause of concern: Held: 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 – Further, it came to light that the question papers were sometimes transported in e-rickshaws and that the services of private courier companies were availed – NTA did not specify a time by which the OMR sheets were required to be sealed after the conclusion of the exam – 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 – In at least twelve centres, the question paper stored in Canara Bank was wrongly distributed to candidates – The question paper which should have been distributed was the one stored in SBI – In many centres, aspirants completed the incorrect question paper and were ultimately evaluated while in others, the relevant authorities realised the mistake and then distributed the correct question paper – NTA must consider the various possibilities and plan the protocol to be followed after careful consideration – The use of mobile applications to communicate with the relevant parties would permit real-time communication and allow NTA to inform the banks even a few minutes before the time at which the city coordinator was authorised to collect the papers – When the results were released, it appeared that sixty-seven aspirants had scored a perfect score of 720 / 720 – After the removal of the compensatory marks and the conduct of the re-test for 1563 candidates and also resolving a question in controversy in the paper by an earlier judgment dated 23.07.2024, the number of scorers with 720/720 marks then dropped to seventeen – Same is a matter of serious concern that this number fell from sixty-seven to seventeen during the course of the hearing – The intervention of the Court, reports by the media, and representations by candidates ensured that these changes were made in the interests of fairness and justice – However, the system adopted by NTA should be such that just outcomes are reached even when these external catalysts are not present – Therefore, the NTA is directed to ensure that all the concerns highlighted by the Court in this judgment are addressed. [Paras 96, 97, 98, 99, 102] Education – Examination – National Eligibility-cum-Entrance Test (NEET) (UG) 2024 – Committee constituted by the Union Government:
Held: The formation of a committee is essential to thoroughly investigate and address the structural issues – A dedicated committee with suitably qualified experts can ensure a comprehensive review of the security measures, candidate verification processes, and the overall management of the examination – By identifying and rectifying vulnerabilities, such a committee will help restore trust in the examination system and implement robust safeguards to prevent future malpractice – The Union Government has constituted a seven-member expert committee – The remit of the Committee, in addition to the tasks that it has been entrusted with by the Union government and the NTA, shall encompass the following: (a) Examination Security and Administration; (b) Data Security and Technological Enhancements; (c) Policy and Stakeholder Engagement; (d) Collaboration and International Cooperation; (e) Support and Training.
Education – Examination – National Eligibility-cum-Entrance Test (NEET) (UG) 2024 – The remit of the Committee, in addition to the tasks shall encompass the Examination Security and Administration:
Held: (i) Evaluate and recommend reforms in the mechanism of administration of the exam; (ii) Formulate standard operating procedures which set out the timelines for registration, changes to preferred cities, the sealing of OMR sheets once candidates submit them to the invigilator, and other processes related to the conduct of the exam; (iii) Review the process by which exam centres are currently allotted to candidates and recommend any changes which may be required in the interests of fairness and transparency; (iv) Recommend stricter procedures for verifying candidate identities, if required, with a view to preventing impersonation and ensuring that only registered and authorized candidates are allowed to take the exams; (v) Consider the viability of comprehensive CCTV surveillance systems at all examination centers, including real- time monitoring and recording of all activities; (vi) Review and suggest enhancements for the processes for the setting, printing, transportation, storage, and handling of question papers – This may include tamper-evident packaging and using secure logistics providers to prevent unauthorized access and leaks during critical phases; (vii) Consider the viability of conducting regular audits and surprise inspections of examination centres; (viii) Recommend the development of a robust grievance redressal mechanism – This should allow candidates to report any irregularities or issues promptly. [Para 106(a)] Education – Examination – National Eligibility-cum-Entrance Test (NEET) (UG) 2024 – The remit of the Committee, in addition to the tasks shall encompass the Data Security and Technological Enhancements:
Held: (i) Research and suggest advanced data security protocols, including encryption and secure data transmission methods; (ii) Recommend systems to monitor and track digital footprints related to the examination materials; (iii) Consider how regularly cybersecurity audits and vulnerability assessments must be conducted to identify and address potential weaknesses in the electronic dissemination and storage systems; (iv) Explore technological innovations to enhance examination security and efficiency. [Para 106(b)]
Education – Examination – National Eligibility-cum-Entrance Test (NEET) (UG) 2024 – The remit of the Committee, in addition to the tasks shall encompass the Policy and Stakeholder Engagement:
Held: (i) Review and recommend updates to the policies and SOPs of NTA to align with best practices, ensuring that the agency is equipped to handle evolving challenges in examination security; (ii) Establish a transparent communication strategy to keep all stakeholders, including candidates, educational institutions, and the public, informed about the measures being taken to ensure the integrity and fairness of the examination process as well as of the response of NTA to any malpractice which is identified; (iii) Recommend the implementation of a comprehensive communication strategy to keep all stakeholders involved in the process — including banks, examination centres, and logistical partners — well-informed – This strategy should detail the protocols for secure transportation, storage, and handling of examination materials, and ensure regular updates on any issues or changes; (iv) Recommend measures to address and mitigate any socioeconomic disparities that may affect candidates’ ability to participate in or benefit from the examination process. [Para 106(c)]
Education – Examination – National Eligibility-cum-Entrance Test (NEET) (UG) 2024 – The remit of the Committee, in addition to the tasks shall encompass the Collaboration and International cooperation:
Held: (i) 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; and (ii) Suggest the creation of a management framework to identify, assess, and mitigate potential risks related to examination security – This framework should include protocols for assessing risks, contingency plans, and strategies for dealing with unforeseen challenges that may arise during the examination process. [Para 106(d)]
Education – Examination – National Eligibility-cum-Entrance Test (NEET) (UG) 2024 – The remit of the Committee, in addition to the tasks shall encompass the Support and training: Held: (i) Recommend plans or strategies for the development and implementation of mental health support programs for students, including counselling services and stress management workshops – These programs should address the psychological impact of exams and also ensure the well-being of all candidates throughout the examination process – Qualified experts from relevant fields must be consulted for this purpose; and (ii) Consider the viability of NTA conducting comprehensive training programs for all staff involved in the examination process (including but not limited to question paper setters, invigilators, and administrative personnel) – These programs should cover security protocols, ethical standards, and the latest technology to ensure everyone involved is well-equipped to maintain the integrity of the examination. [Para 106(e)]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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