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2021 Supreme(SC) 1141

L. NAGESWARA RAO, B. R. GAVAI
National Testing Agency – Appellant
Versus
Vaishanavi Vijay Bhopale – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Tushar Mehta, Mr. Rupesh Kumar, Adv., Ms. Neelam Sharma, Adv., Ms. Pankhuri Shrivastava, Adv., Mr. Gurmeet Singh Makker,Adv., Mr. Rupesh Kumar, AOR
For the Respondent: Mr. Sudhanshu S. Choudhari, AOR, Ms. Pooja Thorat, Adv., Mr. Mahesh P.Shinde, Adv., Ms. Rucha A Pande, Adv., Mr. Shashibhushan P. Adgaonkar, Adv., Mr. Rahul Chitnis, Adv., Mr. Sachin Patil, AOR, Mr. Aaditya A. Pande, Adv., Mr. Geo Joseph, Adv., Mr. Abhikalp Pratap Singh, AOR, Mr. Prateek Badhwar, Adv., Ms. Aadya Yadav, Adv., Ms. Naina Yadav, Adv., Mr. Himanshu Tripathi, Adv.

ORDER :

1. Respondent Nos. 1 and 2 had filed a writ petition before the High Court of Judicature at Bombay seeking a direction to the petitioner to re-examine them by conducting a separate NEET examination before the declaration of results for admission to undergraduate medical courses for the academic year 2021-2022. Respondent Nos.1 and 2 appeared in NEET (UG) Examination conducted on 12.09.2021 and were in the same room. At the time of distribution of the question papers and the answer booklet, there was a mix up and different booklets and answer sheets which did not match the code were given to them. As per the instructions to the students, respondent Nos. 1 and 2 reported the mix up between the answer sheet and the booklet to the invigilators. The invigilators did not rectify the mistake pointed out by respondent Nos.1 and 2 and within the short time that was left, respondent Nos. 1 and 2 answered as many questions as they could. Pursuant to order dated 07.10.2021 passed by the High Court in the writ petition filed by respondent 1 and 2, a suggestion was made on behalf of the appellant that the answer key shall be implemented for scoring/evaluation of the 6 candidates in whose

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