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2025 Supreme(Del) 557

IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, CJ., SACHIN DATTA, J.
National Testing Agency - Appellant
Vs.
Satya Nishth & Ors. - Respondent
LPA 490 Of 2025 & CM APPLs. 46498-46500 Of 2025, LPA 495 Of 2025 & CM APPLs. 47359-61 Of 2025
Decided On : 06-08-2025

Advocates:
Advocate Appeared:
For the Appellant : Mr. Rupesh Kumar, Sr. Adv. along with Ms. Pankhuri Srivastava, Ms. Sarica Soam, Mr. Alekshendra Sharma and Mr. Aditya Kumar, Advs.
For the Respondent: Mr. Gautam Narayan, Sr. Adv. along with Mr. Udayan Verma, Ms. Asmita Singh and Ms. Disha Joshi, Advs. Mr. T. Singhdev, Adv. along with Mr. Abhijit Chakravarty, Ms. Anum Hussain, Mr. Sourabh Kumar, Mr. Tanishq Srivastava, Ms. Yamini Singh, Mr. Vedant Sood and Ms. Bhanu Gulati, Advs.

Legal principles around the application of normalization formulas for compensatory marking in examinations must consider distinct procedural contexts.

Headnote:This judgment analyses the applicability of the normalization formula derived from the Supreme Court's ruling in Disha Panchal and its relevance to the awarding of grace marks in NEET (UG) 2025 based on candidate claims of significant time loss due to biometric verification issues. The Court evaluated claims for compensatory mechanisms for hindrances faced by candidates during examination and determined that such normalization was ineffectively applied in this distinct case involving pen and paper testing. The appeal's decision underscores that while procedural flaws existed, they did not warrant application of precedent from Disha Panchal due to the inherent differences in the examination context. The appeals are ultimately denied and key procedural reforms are advised to enhance future examination integrity.

Table of Content
1. judgment regarding the appeal filed by the national testing agency. (Para 3)

JUDGMENT :

SACHIN DATTA, J.

CAV 286/2025 in LPA 490/2025

1. Learned counsel for the respondent no.1 enters appearance.

2. Caveat stands discharged.

LPA 490/2025

LPA 495/2025

3. LPA 490/2025 under Clause X of the Letters Patent has been filed on behalf of the National Testing Agency (NTA) assailing the judgment dated 28.07.2025 (‘the impugned judgment’) passed in W.P.(C) 8483/2025.

4. By virtue of the said judgment, the writ petition filed by respondent no.1 (W.P.(C) 8483/2025) has been allowed, with a direction to the appellant to award ‘grace marks’ to the writ petitioner, by applying the ‘normalization formula’ approved by the Supreme Court in Disha Panchal and others v. Union of India & Ors., (2018) 17 SCC 278.

5. Further, it has been directed that the updated result/scorecard of respondent no. 1 (writ petitioner in W.P.(C) 8483/2025) be communicated to him and uploaded within a period of five days. It has been further directed that the writ petitioner be assigned a supernumerary rank (with a view to ensure that the revised rank of the writ petitioner does not disturb the ranks of other candidates).

6. LPA 495/2025 has been filed by the NTA in a similar context. It assails the impugned judgment dated 29.07.2025 passed in W.P.(C) 8520/2025, whereby the writ petition filed by respondent no.1 has been allowed with a direction to award ‘grace marks’ to the writ petitioner by applying the ‘normalization formula’ as resorted to in Disha Panchal (supra). The updated result/scorecard of the writ petitioner has been directed to be communicated to her and uploaded within a period of five days. Furthermore, in order to ensure that the petitioner’s revised rank does not upset the ranks of other candidates, it has been directed that she be assigned a supernumerary rank.

7. The controversy arose before the learned Single Judge in the context of the grievance raised by the writ petitioners that time was lost during the course of conduct of National Eligibility cum Entrance Test (Undergraduate) 2025 Examination [NEET (UG) 2025 examination], which was attributable to acts of omission and commission by the personnel deployed at the examination venue.

8. It was the specific case of the writ petitioners that, while they were not attributing any malafides to the concerned authorities, the indisputable loss of time suffered by them necessitated that a viable and just methodology be devised to compensate them.

9. It was the case of the writ petitioner in LPA 490/2025 that on 04.05.2025, although the petitioner had reached the examination centre within the stipulated time, disturbances and loss of time took place at the centre due to the failure of biometric verification, as a result of which there was a delay in authentication. Following the failure of biometric verification, the writ petitioner was asked to submit a written undertaking to the Centre Superintendent before entering the hall. The said undertaking reads as under:-

To,

The CS,

Trisha Devi Kanohar, Lal Balika College, Meerut

Date: 04/05/2025

Mam,

Sub: Regarding non acceptance of Aadhar Card Detail.

I Satyanishth (NEET UG-2025) Student is facing difficulty in matching Aadhar Card. Please let me sit in the exam.

-sd-

(satyanishth)

I will be fully responsible myself for any discrepancies in biometric”.

The entire process resulted in the writ petitioner entering and being seated in the examination hall just in the nick of time, prior to the commencement of the examination at 02:00 PM. During the course of the examination, the writ petitioner was interrupted to undergo Aadhar verification once again and re-submit the undertaking, as a result of which crucial time was lost.

10. The primary contention of the writ petitioner before the learned Single Judge was that there was no justification for the repeated interruptions faced by the writ petitioner, which disrupted the examination process.

11. It is emphasized that any ve

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