SC on NEET row: The NEET-UG exam is for entrance to UG medical courses (File).
The Supreme Court on Monday advised caution as it heard a clutch of petitions for a re-test of the May 5 NEET-UG exam, the results of which were released last month and have been marred by leaked questions and the award of 'grace marks', or preferential marking, for 1,563 students.
The court said certain circumstances - specifically "(if) the time lag between the leak and exam is limited" - would argue against a re-test. "If students were asked to memorise (leaked questions) on the morning of the exam, the leak might not have been so widespread..." the court said this morning.
The three-judge bench led by Chief Justice DY Chandrachud said it therefore was loathe to order a re-test for nearly 24 lakh students - many of whom come from poor families and could ill-afford to spend money travelling to exam centres - unless necessary. A re-test is the "last option", it said.
"One thing is clear... questions were leaked. The sanctity of the exam has been compromised... this is beyond doubt. Now we have to establish the extent of the leak," the Chief Justice said, "We have to be careful while ordering a re-test. We are dealing with the careers of lakhs of students."
"You don't cancel because some students cheated. We must be careful..."
The Supreme Court said a re-test could only be ordered if there was sufficient time (the court did not specify how much this should be) between the leak of the questions and conduct of the exam.
"... or if we can't identify candidates who are guilty of wrongdoing, then a retest has to be ordered."
On the subject of the time lag, the court also sought details about the printing process and, in a humorous aside, reminded the NTA (the National Testing Agency, the central body that conducts the exam) to not reveal details. The NTA had been served a notice by the court two weeks ago.
READ | Court Notice To NTA Over Alleged "Inconsistent Marks" In NEET
Therefore, instead of ordering an immediate re-test, the court advised the constitution of a multi-disciplinary panel to probe this issue, which is already being investigated by the CBI and the police.
The CBI's investigation spans multiple states and has already led to the questioning of individuals and several arrests connected to the case. The next hearing in this case has been set for Thursday.
The court, meanwhile, also rapped the government for being in "denial" and said it should be "ruthless" in dealing with candidates who paid for the leaked exam and those who supplied the question paper.
"Let us not be in self-denial about what happened..." the bench, also including Justice JB Pardiwala and Manoj Misra, said, adding, "Assuming we do not cancel, what will the government do to identify the beneficiaries? You have to be ruthless... bring some sense of confidence to the process."
"Cancelling Exam Jeopardises Students' Future"
Last week the government said it does not intend to cancel the May 5 exam or hold a re-test, and insisted there were no large-scale irregularities in the conduct of the NEET-UG test.
READ | "Won't Be Rational To Scrap Entire Exam": Centre To Court
Submitting an affidavit in the Supreme Court, which will hear petitions on the issue on Monday, the Centre said scrapping the 2024 exam in its entirety would "seriously jeopardise" the future lakhs of honest candidates who appeared for it.
Earlier today the court had been told question papers were available on social media, including popular messaging apps like Telegram, at least 24 hours before the exam was to begin. It acknowledged this point and said that if questions had been so leaked, it could have "spread like wildfire".
Controversy over the NEET-UG exam broke last month after results were declared.
NEET-UG Paper Leak Row
The NEET-UG exam - held annually for admission to undergraduate medical courses - were conducted on May 5. The controversy broke last month after results were announced.
The first red flags were the unusually high number of perfect scores; a record 67 students, including six from one coaching centre, scored a maximum 720. Questions were also asked over the award of 'grace marks' - not exam protocol, the NTA said - to 1,563 students.
A retest for those 1,563 students was held last week, but hundreds did not appear for the exam.
After the UG paper controversy, and the cancelling of the UGC-NET exam, for appointment to professorial posts in colleges and universities, the NEET-PG exam was cancelled.
READ | NEET-PG Exam This Month, Question Papers To Be Prepped 2 Hours Prior
The NEET-PG exam will now be held later this month. The NET exam will be on July 25-27.
Political Spat Over NEET Row
The incident also triggered a political row, with the opposition Congress-led INDIA bloc attacking the ruling BJP in Parliament, forcing ruckus and chaos in both Houses as MPs debated the Motion of Thanks to President Droupadi Murmu's joint address.