JUDGMENT

SWARANA KANTA SHARMA, J.

1. By way of present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks declaration of question number 11 of Physics-Section A of „T5‟ Test Booklet, of National Eligibility-cum-Entrance Test (Undergraduate), 2024 [hereinafter „NEET (UG)-2024‟] as either incorrect or dropped question in terms of Clause 3.2 of Information Bulletin of NEET (UG)-2024, and a direction that 04 marks be granted to all the candidates irrespective of whether the question was attempted or not. In addition, the petitioner also prays that in respect of question number 23, it be declared that option 1 is the only correct option and grant of prescribed marks for question no. 23 to the candidates marking option 3 also as the correct option be disallowed.

2. Brief facts of the case are that the petitioner herein had appeared in NEET (UG)-2024 on 05.05.2024. Pursuant to conduct of the examination, the respondent no. 1 i.e. NTA had issued the provisional answer key and vide public notice dated 29.05.2024, NTA had invited candidates to challenge the said answer key. It is stated that the petitioner had presented an online challenge against the provisional answer key, as envisaged under Clause 14.2 of the brochure, however the same remained unanswered, as there is no provision for individual response to the objection. The petitioner further states that on 04.06.2024, NEET UG-2024 results were declared and his all India ranking is 4954 in General Category and is ranked 11083 in NEET All India Rank. However, he has a grievance with respect to question numbers 11 and 23 of the „T5‟ Test Booklet. 3. Learned counsel appearing on behalf of the petitioner argues that the overall rank of the petitioner has been adversely affected due to non-compliance of Clause 3.1 of Chapter 3:

Examinations Scheme, which reads as follows:

“3.1 Syllabus of the Test NMC (National Medical Commission) has notified the syllabus of NEET (UG)-2024. The Question Paper will be based on the given syllabus (Appendix-III), which is available on the NMC Website (https://www.nmc.org.in/neet/neet.ug).”

4. It is argued that question number 11 in „T5‟ Test Booklet in Physics Section-A, which is a compulsory section, was based on „radioactivity‟, however, the „radioactivity‟ topic is not a part of the new syllabus as shown in Appendix-III, though it used to be in the NEET syllabus in previous years. It is further submitted that Clause 3.2 under the head „Pattern of the Test‟ and sub-head „Important Points to note‟, states as follows:

“if none of the options is found correct or a Question is found to be wrong or a Question is dropped then all candidates who have appeared will be given four marks (+4), irrespective of the fact whether the question has been attempted or not attempted by the candidate.”

5. It is argued, on the basis of the above rule, that question number 11, which is out of syllabus i.e. not from the syllabus curriculum, either ought to have been dropped or a bonus 04 marks ought to have been given. It is submitted that since the petitioner had attempted the said question, irrespective of the fact that his answer was correct or incorrect, he should be given either 04 bonus marks or the said question should be dropped and no marks should be given to anyone for this question, which would bring parity amongst all the candidates.

6. Learned counsel appearing on behalf of the petitioner further submits that the petitioner does not wish to press the prayer qua question no. 23, since the same has already been dealt with, by the Hon‟ble Supreme Court of India, vide order dated 23.07.2024 passed in W.P.(C) 335/2024.

7. Therefore, the petitioner prays for declaration of question number 11 as either dropped or incorrect question, and for consequent award of 04 bonus marks to all the candidates who appeared in NEET (UG)-2024.

8. On the other hand, learned counsel appearing on behalf of respondent no. 1 i.e. NTA submits that in terms of Chap