Writ petitions based on allegations of forgery in examination OMR sheets involve disputed facts unsuitable for adjudication, emphasizing reliance on cogent evidence.

Headnote:(A) Constitution of India, 1950 - Article 226 - Challenge to National Eligibility Entrance Test (NEET) results due to alleged tampering of OMR sheets - Petitioners claimed OMR sheets were forged/fabricated - Supreme Court directed petitioners to approach High Court for relief - Allegations involve disputed facts unsuitable for writ proceedings - Court noted, 'disputed questions of fact which are inappropriate for adjudication in writ proceedings.' (Para 13)

(B) Writ Jurisdiction - The High Court's extraordinary jurisdiction may be invoked despite disputed facts, but each case depends on its particulars, 'disputed facts can be adjudicated in writ petitions.' (Para 15)

(C) Original OMR sheets found to bear petitioners' signatures and thumb impressions - No prima facie evidence of forgery found, 'the allegations are based on mere conjecture and surmises.' (Para 16)

(D) Admission to MBBS course for 2021-22 denied due to timeline and lack of substantive evidence - Court maintained, 'Petitioners are free to seek redressal before civil court or appropriate forum.' (Para 18)

Result: Petitions dismissed.

Table of Content
1. overview of neet 2020 and 2021 omr sheet issues (Para 1 , 2 , 3)
2. allegations of forgery regarding omr sheets (Para 4)
3. court's direction regarding omr sheets (Para 5)
4. contestation of admission and maintainability (Para 8 , 12)
5. disputed facts affecting writ jurisdiction (Para 13 , 14)
6. basis of granting or denying relief (Para 15 , 16)
7. timeliness of admission requests (Para 17)
8. final decision and court orders (Para 18 , 20)

JUDGMENT

Sanjeev Narula, J. (Oral)

THE CONTROVERSY-OMR SHEETS

1. Petitioners are aspirants of National Eligibility Entrance Test (UG) [NEET 2020]. NEET Examination is conducted via pen and paper-based mode in Multiple Choice Questions ("MCQ") format. The candidates are required to fill their responses to the questions by filling/shading the corresponding circle on Optical Mark Recognition ("OMR") sheets - which is then used to digitally read answers/information. Apart from the responses, candidates are also required to fill in personal details and affix their signature and thumb impression for identification. These OMR sheets are provided to candidates at examination centre at the time of examination.

BRIEF FACTS

2. Since the grounds of challenge and reliefs urged in the present petitions are nearly identical, the same are being decided by way of a common order. Petitioners appeared in NEET 2020 held on 12th September, 2020, but were unable to secure admission on the basis of their scores. Contending that their OMR sheets have been tampered with, they moved the Supreme Court seeking quashing of the results. The Supreme Court, vide order dated 03rd December, 2020, declined to entertain Petitioners' grievance and directed them to approach the High Court under Article 226 of the Constitution of India, 1950.¹ Pursuant thereto, Petitioners filed a writ petition on 11th December, 2020 before this Court to challenge results of NEET 2020 Examination - which is pending adjudication before this Court.Muskan Sabharwal & Ors. v. National Testing Agency & Ors.>

3. In the meanwhile, Petitioners appeared for NEET 2021 Examination on 12th September, 2021. After the examination, Respondent No. 1 - National Testing Agency ("NTA") published the scanned images of OMR sheets of all candidates, including those of the Petitioners, in accordance with Clause 13.1 of the Information Bulletin of NEET 2021, which reads as under:

"13.1 Display of OMR sheets and responses on the website and challenging the grading of questions on OMR

13.1.1. After the conduct of the examination, NTA will display the scanned images of OMR Answer Sheets and recorded responses by the machine, of all candidates on the website (https://neet.nta.nic.in//). The exact date of display of scanned images of OMR Answer Sheets shall be communicated after the examination on the NTA website.

13.1.2 Applicants will be given an opportunity to submit representation against the OMR grading by paying a non-refundable processing fee of Rs.200/- per question challenged.

13.1.3. Representations made by the candidates against the OMR grading will be verified by the NTA from the actual record and the same will be updated in the data if challenges are found to be correct. However, no intimation in this regard will be sent to an individual candidate.

13.1.4. Applicants are advised to visit the website https://neet.nta.nic.in//for viewing and downloading the image of the OMR Answer Sheet by the candidates."

4. This time again, in respect of NEET 2021 Examination, Petitioners proclaim that their OMR sheets have been forged by Respondents, and those which have been uploaded on the website after the said examination are different to those originally submitted by them at the time of examination. Petitioners contend that they never marked the answers which are shown on the uploaded OMR sheets, as displayed on the website. They assert that the sheets are fake/forged/fabricated and that NTA, in connivance with Respondent No. 2 [Director General, NTA]