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2024 Supreme(Online)(SC) 7518
SUPREME COURT OF INDIA
HON'BLE THE CHIEF JUSTICE, CJ, HON'BLE MR. JUSTICE J.B. PARDIWALA, J, HON'BLE MR. JUSTICE MANOJ MISRA, J
VANSHIKA YADAV – Appellant
Versus
UNION OF INDIA – Respondent
W.P.(C) No.-000335 - 2024
Mr. Narender Hooda, Sr. Adv., Mr. Anurag Kulharia, Adv., Mr. Sumit Kumar Sharma, Adv., Mr. Rajat Sangwan, Adv., Dr. Navya Jannu, Adv., Mr. Vaibhav Yadav, Adv., Mr. Anas Chaudhary, Adv., Mr. Sunny Kadiyan, AOR, Ms. Shehla Chaudhary, Adv., Mr. Mathews J. Nedumpara, Adv., Ms. Usha Nandini V., AOR, Ms. Maria Nedumpara, Adv., Ms. Hemali Kurne, Adv., Ms. Rohini Amin, Adv., Mr. Shameem Fayiz, Adv., Mr. Sanjay R. Hegde, Sr. Adv., Mr. Shwetank Sailakwal, AOR, Mr. Tanmaya Agarwal, Adv., Mrs. Aditi Agarwal, Adv., Mr. Deepakpanjwani, Adv., Mr. Anas Tanwir, Adv., Mr. Mayank Suryan, Adv., Mr. Sharukh Ali, Adv., Mr. Ankit Tiwari, Adv., Mr. Tanay Hegde, Adv., Ms. Riya Sharma, Adv., Mr. Ehada Ur Rehman, Adv., Mr. Prateek Chandra, Adv., Mr. Durgesh Shukla, Adv., Mr. Aslam Ahmed Jamal, AOR, Mr. Rohit Jain, Adv., Ms. Kheyali Singh, Adv., Mrs. Shabiesta Nabi, Adv., Mr. Rahat Afridi, Adv., Mr. Abhishek Dwivedi, Adv., Mr. Kailashi Uday Kapoor, Adv., Ms. Praveena Gautam, AOR, Mr. Dinesh Jotwani, Adv., Ms. Ekta Gambhir, Adv., Mr. Pawan Shukla, Adv., Ms. Kanika Kalyan, Adv., Ms. Akanksha Tyagi, Adv., Ms. Pusshp Gupta, Adv., Mr. S.D. Singh, Adv., Ms. Bharti Tyagi, AOR, Ms. Shweta Sinha, Adv., Mr. Ram Kripal Singh, Adv., Ms. Meenu Singh, Adv., Mr. Ashish Pandey, AOR, Mr. Shubham Saxena, Adv., Dr. Daksha Sharma, Adv., Ms. Aarti Sharma, Adv., Mr. Anmol Goyal, Adv., Mr. Feroz Shaikh, Adv., Mr. Aamir Naseem, Adv., Mr. Inam Ahmad Khan, Adv., Mr. Danish Zubair Khan, AOR, Mr. Basant R, Sr. Adv., Mr. A. Karthik, AOR, Ms. Sreepriya K, Adv., Ms. Smrithi Suresh, Adv., Mr. Raunak Arora, Adv., Mr. Naresh Kaushik, Sr. Adv., Mr. Vardhman Kaushik, AOR, Mr. Anand Singh, Adv., Mr. Mayank Sharma, Adv., Mr. Ajay Kanojia, Adv., Ms. Shikha John, Adv., Mr. Dhiraj Singh, Adv., Mr. Arastu Upadhyay, Adv., Ms. Sonali Vikaram Bashi, Adv., Mr. Subhash Motan, Adv., Ms. Babli Kaur, Adv., Mr. Arun Kumar Nagar, Adv., Mr. Sudhir Naagar, AOR, Mr. Amit Anand Tiwari, Sr. Adv., Mr. Aditya Shanker Pandey, Adv., Mr. Atul Kumar, Adv., Mr. Shaurya Sahay, Adv., Mr. Himanshu Sehrawat, Adv., Mr. Aditya Kumar, Adv., Ms. Rekha Bakshi, Adv., Ms. Yoothica Pallavi, AOR, Mr. Shaju Francis, Adv., Ms. Meenakshi Kalra, AOR, Mr. S N Kalra, Adv., Mr. Amratansh Aggarwal, Adv., Mr. Kamal, Adv., Ms. Jyoti Sharma, Adv., Ms. Meghana Gade, Adv., Mr. Aman Nandrajog, Adv., Mr. Sumeer Sodhi, AOR, Mr. Ujjwal Malhotra, Adv., Mr. Bikash Ranjan Bhattacharya, Sr. Adv., Mr. Shamim Ahammed, Adv., Mr. Supratik Sarkar, Adv., Mr. Gyanendra Vikram Singh, Adv., Mr. Shiv Sagar Tiwari, AOR, Mr. Alakh Alok Srivastava, AOR, Mr. Rishabh Bafna, Adv., Mr. Kunal Cheema, AOR, Mr. Raghav Deshpande, Adv., Mr. Shubham Chandankhede, Adv.
The court emphasized the need to assess the integrity of the examination process and the implications of a potential question paper leak before deciding on a re-test.
Headnote:(A) Indian Penal Code - Sections 407, 408, 409, and 120B - Allegations of question paper leak in NEET (UG) 2024 - Court directed NTA to investigate the integrity of the examination process and assess the impact of the alleged leak on the examination results. (Paras 1-2)
(B) Examination Integrity - The court emphasized the need to determine whether the breach affected the entire examination process and whether it is feasible to segregate beneficiaries of the leak from untainted candidates. (Paras 3-4)
Facts of the case:
The NEET (UG) 2024 examination was conducted on 5 May 2024, with allegations of a question paper leak leading to a request for a re-test. Over 23 lakh students appeared for the examination, with a significant increase in perfect scores compared to previous years. (Paras 1-2)
Findings of Court:
The court noted the necessity for a thorough investigation into the alleged leak and the implications for the examination's integrity, directing NTA and the Union Government to provide detailed disclosures. (Paras 5-6)
Issues: The main issues included the nature of the alleged leak, its impact on the examination's integrity, and the feasibility of conducting a re-test. (Paras 3-4)
Ratio Decidendi: The court ruled that if the breach affects the entire examination process, a re-test may be warranted, balancing the interests of all stakeholders involved. (Paras 5-6)
Result: The court deferred a final decision pending further disclosures and investigations.
On 9 February 2024, the National Testing Agency1 issued an online application form for the National Eligibility-cum-Entrance Test,2 a qualifying examination for admission to undergraduate medical and dentistry programs, for the year 2024. NTA conducted the NEET (UG) examination on 5 May 2024. Results were declared on 4 June 2024. Certain basic facts which are not in dispute must be mentioned at the outset.
“NTA”
“NEET (UG)”
About twenty-four lakh students registered for the NEET (UG) examination which was to be conducted in the month of May 2024. About 23,33,297 students appeared for the examination. The examination was conducted at 4750 centres comprised within 571 cities. The examination was also held in fourteen cities overseas. The total number of medical seats for undergraduate courses is 1.08 lakh of which approximately 56,000 are seats in government hospitals.
The NEET (UG) 2024 examination consisted of multiple-choice questions involving a total of 180 questions. Each of the 180 questions carried four marks (if answered correctly), with the maximum possible score being 720 marks. Forty-five questions each were allotted to the segments in physics, chemistry, botany and zoology. The examination envisaged the award of one negative mark per incorrect answer. A question which was left unattempted attracted neither positive nor negative marks. Candidates were given three hours and twenty minutes to attempt the examination. NTA had got set two sets of question papers prepared. One set was stored in safe custody with the State Bank of India and the other with Canara bank. The question set which would be distributed to candidates was to be revealed shortly before the scheduled time of the test.
From the materials which have emerged on the record at the present stage, it appears that on 5 May 2024, a First Information Report, bearing FIR No 358 of 2024 was lodged at Shastrinagar Police Station, Patna alleging a leak in the NEET (UG) 2024 question papers implicating offences under Sections 407 , 408 and 409 read with Section 120B of the Indian Penal Code .
According to the petitioners, on 23 June 2024, the Economic Offences Unit of the Bihar Police issued a press release in regard to the paper leak. On the other hand, it appears that a communication was issued on 23 June 2024 by the Additional Director General of Police, Economic Offences Unit, stating that the Bihar Police has not issued an official press release or statement. Be that as it may, in this batch of petitions, one of the primary reliefs which has been sought is for a court-mandated re-test of the NEET(UG) examination which was conducted on 5 May 2024.
In support of the plea that this Court should direct a re-examination, the petitioners have primarily relied on two circumstances. First, it has been submitted that only a handful of candidates secured the maximum of 720 marks in each of the years between 2020 and 2023. As opposed to this, in NEET (UG) 2024, as many as sixty-seven candidates are reported to have secured the maximum of 720 marks. The submission can best be highlighted by reproducing the chart which was placed before us during the course of the hearing:
- Year of NEET-UG examination Candidates securing AIR-1 in the examination Scores achieved by AIR-1 Total candidates appeared (in lakh) (approx.)
- Difference in number of candidates against the preceding year (in lakh) (approx.)
202013.66- 202115.441.78 202217.642.2 202320.382.74 2024*23.332.95 The above chart indicates that while one student in 2020, three students in 2021, one student in 2022 and two students in 2023 secured a perfect score, there has been a radical increase in the number of students (sixty-seven) who secured a perfect score of 720 marks in 2024.
The second submission proceeds on a comparative tabulation of the ranks which were allotted to students receiving identical marks at different levels in 2022, 2023 and 2024. The above submission is sought to be highlighted from the following tabulated
