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2025 Supreme(Del) 723

IN THE HIGH COURT OF DELHI AT NEW DELHI
VIKAS MAHAJAN, J.
 
Nishu Maurya - Petitioner
Versus
Union Of India & Ors. – Respondents
W.P.(C) 8520 of 2025 & CM APPL. 36925 of 2025
Decided On : 29-07-2025
 

Advocates Appeared:
For the Petitioner: Mr. Gautam Narayan, Sr. Adv. with Ms. Nitipriya and Ms. Ashmita Singh, Advs.
For the Respondents: Mr. Nitinjya Chaudhry, Sr. Panel Counsel with Mr. Rahul Mourya, Adv., Mr. Kuldeep Rai, Mr. Sandeep Chawda and Mr. Vishal Tomar, Advs., Mr. Sanjay Khanna, Standing Counsel with Ms. Pragya Bhushan, Mr. Tarandeep Singh and Ms. Vilakshana Dayma, Advs., Mr. T. Singhdev, Ms. Anum Hussain, Mr. Abhijit Chakravarty and Ms. Ramanpreet Kaur, Advs., Mr. Rajat Wadhwa, Amicus Curiae.

Fairness in examination protocols mandates that interruptions affecting a candidate's performance must be addressed through compensatory measures such as grace marks or re-examinations.

Headnote:(A) Constitution of India - Article 14 - Rights of candidates - The petitioner faced repeated interruptions during the NEET (UG) 2025 examination due to issues with biometric authentication, leading to a loss of examination time. The petitioner sought relief on grounds of unfair treatment during the examination process. (Paras 1, 11, 30)

(B) Examination protocols - The court determined that the NTA's conduct in repeatedly attempting biometric verification during the exam unfairly detracted from the petitioner's ability to perform, establishing that interruptions of this kind violate established examination principles. (Paras 30, 41)

(C) Fairness and remedy - The court found that fairness required the petitioner to receive grace marks or a new examination opportunity, as the NTA’s actions were arbitrary and hindered the petitioner’s performance. (Paras 44, 42)

Facts of the case:
The petitioner was delayed entry into the NEET (UG) examination due to malfunctioning biometric scanners, spending over a total of 90 minutes attempting authentication, which was compounded by repeated interruptions during the exam itself, hindering her performance.

Findings of Court:
The court observed that the petitioner suffered a total loss of 9 minutes and 45 seconds due to interruptions, which significantly affected her concentration. The NTA was found to have acted arbitrarily without proper remedial measures.

Issues: Whether the interruptions caused during the examination resulted in actual loss of examination time and if the petitioner is entitled to a remedy for such loss.

Ratio Decidendi: The court concluded that the procedural integrity of examinations necessitates fairness, emphasizing that interruptions should not undermine a candidate's ability to perform, and thus grace marks were appropriate.

Result: The petitioner is awarded grace marks based on a normalization formula, and the NTA is directed to communicate revised results expeditiously.

Table of Content
1. petitioner's grievances and examination interruptions. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. petitioner's claims regarding disruptions and examination handling. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16)
3. respondents' defense and claims of petitioner's late arrival. (Para 17 , 18 , 19 , 20 , 21 , 22)
4. rebuttals to respondent's claims and petitioner's presence. (Para 25 , 26 , 27)
5. court's assessment of time loss and impact. (Para 28 , 29 , 30 , 31 , 32)
6. nta's duty and fair action obligations. (Para 33 , 34 , 35 , 36)
7. court’s analysis of prior cases and obligations to act justly. (Para 38 , 39 , 40 , 41 , 42)
8. decision on awarding grace marks and implications. (Para 43 , 44 , 45)
9. final disposal of the petition. (Para 46)

JUDGMENT :

VIKAS MAHAJAN, J.

1. The grievance articulated in the present petition is that the petitioner was subjected to repeated interruptions and harassment mid-examination for re-verification of her identity credentials with respect to her Aadhaar, thereby leading to loss of crucial exam time while she was taking her National Eligibility cum Entrance Test (Undergraduate) – 2025 Examination [NEET (UG) 2025]. The said exam was conducted by respondent no.2/NTA on 04.05.2025 at the Examination Centre located in M.M.H.V. Inter College, Ghaziabad, Uttar Pradesh, i.e. the venue of respondent no.5.

2. The brief facts, as borne out from the petition are that the petitioner had registered herself for appearing in NEET (UG) 2025, scheduled to be conducted on 04.05.2025. As part of the registration process, her identity was authenticated through her Aadhaar Card, which served as the mode of verification.

3. On the day of the examination i.e. 04.05.2025, petitioner claims to have reached the examination centre at 01:00 PM as per the instructions published in the Information Bulletin issued by NTA. It is stated that the petitioner had arrived within the reporting time carrying her Admit Card, Aadhaar Card and other valid identityproofs.

4. However, at the time of biometric authentication, her biometric data could not be successfully captured at the entrance due to a technical malfunction of the biometric scanner, which was not due to any fault on the part of the petitioner, as other candidates also faced similar issues.

5. It is stated in the petition that petitioner was not allowed to enter the examination hall for nearly 90 minutes from the time of her arrival at 01:00 PM owing to the malfunctioning biometric scanner. It is only after some signal jammers, allegedly interfering with the biometric scanner, were disabled and the biometric system finally recorded petitioner’s credentials, whereafter she was allowed entryinto the examination hall.

6. Furthermore, it has been alleged that during the examination, officials of respondent no.2 repeatedly approached the petitioner to complete the biometric authentication process again, causing further interruptions and resulting in a significant loss of examination time. No additional or compensatory time was provided to the petitioner for the time lost due to the actions of the respondents.

7. Subsequently, after the examination, petitioner issued a legal notice dated 21.05.2025 addressed to the respondents, enclosing therein photographic evidence, an affidavit, and contemporaneous witness statements attesting to the incidents at the examination centre. However, despite receipt of the said notice, it is alleged that the respondents have neither acknowledged the grievance nor taken anyremedial action.

8. In the above factual backdrop, present petition has been filed seeking inter alia directions to respondent no.2/NTA to conduct re-examination of the petitioner.

9. Having regard to the grievance articulated in the present petition, this Court deemed it fit to call for the relevant CCTV footage of the Examination Centre at the venue of respondent no.5 pertaining to the petitioner and the same was viewed by this Court in the presence of both the learned counsels for th

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