NEET-UG case Highlights | SC asks NTA to make full disclosure, CBI to submit status report; matter listed for July 11

Supreme Court to hear plea for re-test of NEET-UG today

Ahead of the scheduled hearing today, the counselling for NEET UG, 2024, which was earlier proposed to begin from July 6, has also been postponed by the authorities till the end of the month, awaiting the outcome of the hearing in the apex court.

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NTA to conduct retest for CUET-UG candidates only if grievance raised by them found correct

The National Testing Agency will conduct a retest for CUET-UG candidates from July 15 to 19 if any grievance raised by them about the conduct of the exam is found correct, officials said on Sunday.

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3-judge bench led by CJI DY Chandrachud to hear petitions shortly after 10.30 am

A bench comprising CJI DY Chandrachud, and Justices J B Pardiwala and Manoj Misra will hear the petitions.

Court convenes for hearing on batch of pleas on NEET-UG re-test

A counsel mentioned a petition filed by 56 students from Gujarat opposing the pleas to re-conduct the NEET-UG 2024.

CJI Chandrachud asked the counsel to mention the matter when the other NEET-UG matters are taken up, reported Live Law.

The SC bench is hearing item 20 now; NEET matters are listed as item 31

Hearing under way for item 29; NEET matters listed as item 31

Hearing begins on a batch of petitions related to NEET-UG 2024

CJI-led SC bench to hear re-test pleas first

"We will first hear who are asking for a re-test. Because they are challenging the entirety of the test, they say entire test stands vitiated. First we will hear them," CJI Chandrachud said, as per Live Law.

NTA, govt response to be heard after re-test pleas are taken up

"After hearing them [re-test pleas], we will hear the NTA and the Government," CJI Chandrachud said.

Hearing on NEET petitions to resume at 2 pm

Bench yet to reconvene; wait continues for hearing on NEET petitions

Bench reconvenes, hearing on re-test pleas to begin shortly

'We just have one bail matter...after that we will start with NEET,' says CJI Chandrachud

Security beefed up at Education minister Pradhan's residence

With the Supreme Court slated to hear the NEET-UG case any time now, security has been beefed up at the residence of Union Education Minister Dharmendra Pradhan, reported Bar and Bench.

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Visuals from the Supreme Court complex

Hearing begins on batch of pleas calling for re-test

Counsel for petitioners highlights paper leak evidence

As the hearing began, the counsel for the petitioners highlighted the evidence of paper leaks.

"One day before exam, a Telegram channel disclosed that this is the question paper and these are the answers ... then NTA gave a press release acknowledging the issue of incorrect distribution of question papers," the counsel said, as per Live Law.

"Various instances of NEET 2024 paper leak were reported. FIR was recorded by Patna police," the counsel added.

"Prima facie involvement of organized gang was found in this case by Bihar police," the counsel continued, adding, "67 candidates scored 720/720 marks, six being from the same centre ... this is mathematically not possible."

"In previous years, only one to three candidates scored full marks...this is the first time in history that 67 candidates scored full marks," the counsel explained.

On what basis are you calling for a re-test, CJI asks counsel for petitioners

"What is the material on the basis of which you claim re-test?," CJI Chandrachud asked the counsel for the petitioners.

"If ultimately fault is found at systemic level, integrity of exam is compromised, if beneficiary of fraud can't be segregated from untainted...," the counsel said, as per Live Law.

NTA didn't follow SOPs, fault at systemic level, says counsel for petitioners calling for re-test

Responding to CJI Chandrachud's question about the basis for a re-test, the counsel for the petitioners said"This court has said we will not allow one candidate who has gotten into the system through unfair means...," adding, "Bihar police says NTA has not followed standard SOPs...fault is at systemic level. It is at a large scale. NTA says as of now we can't say whether fault is at systemic level or not, and what is the sweep of the entire fraud."

"In one para NTA says it appears that all this has happened at a miniscule level. They are saying both things. They say CBI is investigating...there are six FIRs registered in Patna, Delhi, Rajasthan, Gujarat, Maharashtra and Jharkhand," the counsel added.

CJI asks if paper leak has been 'admitted'; petitioners' counsel, Solicitor General spar

"Question paper was circulated on mobile phone...on Telegram app...we have a video...on 5 May, printouts were taken out from the wifi printer kept in a school...Bihar police is talking of groups of candidates, not 2-3 candidates," the counsel for the petitioners, Sr Advocate Hooda, was quoted as saying by Live Law.

However, responding to the CJI, the Solicitor General said, "[Paper leak has been detected] at one place Patna... where the culprit is arrested and students who were beneficiaries their results have been withheld."

What proves that paper leak malaise affected entire NEET-UG exam, asks CJI

"To formulate your point, entire credibility of exam is lost and it is not possible to segregate tainted from untainted. What is the factual foundation for this?," CJI Chandrachud asked Sr Advocate Hooda, as per Live Law.

CJI questions NTA on the timelines of questions paper printing and distribution

"We want to know exact date when the papers were made and sent to NTA and which is the printing press which printed it... what was the transportation arrangement made to send it to the printing press..we are talking about 50 lakh sets now. don't tell us address of printing press else next year there will be another leak.. tell us how was it sent to printing press and then back to NTA," CJI asks tells NTA, reports Bar and Bench.

CJI on if the sanctity of the exams were affected or not

"You know why we are asking this if we come to the conclusion that the time lag between leak and the exam was not wide then it militate against the re examination and if the time gap is wide then it shows the leak was widespread. if the sanctity is affected then retest has to happen and if the grain cannot be separated from the shaft then also re test has to be ordered. But it has to noted that re exam was 24 lakh students is difficult..," Bar and Bench quotes CJI as saying. He also adds, if we see that the leak was on social media, then it is extremely widespread. if it is through telegram WhatsApp then it spread like wildfire.. and we also have to see the balance with the time of leak like if it was May 5 morning before students went for exam."

Sanctity of exam has been compromised is beyond doubt, paper leak is an admitted fact: SC

SC sought the details of FIRs registered on paper leak. CJI says sanctity of the exam has been compromised and paper leak is has happened, as reported by Live Law.

Apex court on actions taken by NTA and govt

We have to be ruthless to identify the beneficiaries of the leak and course of action by the govt, CJI tells on the paper leak, Bar and Bench reports.

Let us not be in self denial about the problem: CJI

As the hearing on a back of petitions of the NEET exam irregularities continues, SC asks, "with the kind of technology we have and the cyber forensic team we have...cannot we have a detailed data analytics exercise to see the suspicious markers." CJI also says self denial is only adding to the problem, as reported by Bar and Bench.

There should be a multi-disciplinary committee, says CJI

Multi-disciplinary panel to look into the issues, CJI says, adding, "assuming we are not going to cancel the exam, how do we identify the beneficiaries and if we can allow the counselling to happen and what has happened so far," Bar and Bench reports.

SC gives a day's time for all petitioners' lawyers for consolidated set of submissions

"We will give you a day's time. We want all petitioners' lawyers, asking for a re-test, to give us one set of submissions on Wednesday. We want you all to sit down and give us one consolidated set of submissions not exceeding 10 pages," SC direction comes as the hearing on NEET petitions continues, as reported by LiveLaw.

Petitioners counsel asks for CBI status report

Solicitor General asks for time till Thursday

SC dictates order

Order as reported by Live Law: NTA conducted NEET-UG on May 5, 2024. Results were declared on 4 June, 2024.

From material at present stage, it appears that on 5 May, an FIR was lodged in Patna alleging a leak in the NEET UG 2024 question papers, implicating offences under sections.

On 23 June, 2024, Economic Offences Unit of Bihar police issued a press release noting that in connection with the above FIR, 13 persons including candidates and members of organized gang of exam leak. This was modified based on SG's interruption.

Modified order: According to petitioners, a press release was issued by Bihar police in regard to the paper leak...on the other hand, in communication addressed by Addl DGP, EOU, it has been stated that no official press release was issued.

In this batch, one of the prayers is for a court-mandated re-test of the exam. NEET UG 2024 exam consisted of multiple choice questions involving 180 questions. Each question carried 4 marks making for a total of 720 marks for the exam.

45 marks were for Chemistry, Physics, Botany and Zoology. 1 negative mark per wrong answer was also envisaged. In support of re-exam, petitioners have relied on 2 circumstances.

First, that candidates securing max 720 marks were confined to a few between 2020-2023. But in 2024, as many as 67 candidates are reported to have secured max of 720 marks.

There has been a radical increase. Second submission proceeds on a comparative tabulation of the ranks which were allotted to students in 2022, 2023 and 2024.

SC dictates order

SC: Chart indicates, students receiving a specific level of marks between 539-700 who secured a particular rank in 2022 secured lower ranks in 2023 and radically lower rank in 2024, Live Law reports.

Court has been apprised that FIRs were registered in Patna, Delhi, Gujarat, Rajasthan, Maharashtra and Jharkhand. Whether the FIR in relation to paper leak is confined to Patna is a matter which requires detailed consideration, says SC on the FIRs registered on the cases.

In a situation where breach affects entirety of process and it's not possible to segregate beneficiaries from others, it may be necessary to order re-exam.

In a situation where breach affects entirety of process and it's not possible to segregate beneficiaries from others, it may be necessary to order re-exam: SC

While flagging the above issues, we are of the view that a view on merits would have to be deferred until further facts are placed on record before this court, LiveLaw quotes SC order.

SC directs NTA to make full disclosure

Order as reported by LiveLaw: We intend to direct NTA to make full disclosure. It can broadly be classified into 3 aspects: (1) nature of leak (2) places where leak took place and (3) lag of time between occurrence of leak and conduct of exam.

(1) when the leak of question papers took place

(2) manner in which papers were leaked/disseminated

(3) time duration between leak and actual conduct of exam

SC asks CBI to file a status report on the investigation

SC asks Centre and NTA to inform about possibility of involving cyber forensic unit to ascertain number of wrongdoers

The mater is listed for Thursday; hearing concludes

SC lists the matter for July 11. The apex court asks NTA, CBI and Centre to file affidavit before the court by Wednesday 5.00 pm.