NEET UG 2024 SC Hearing Highlights: Supreme Court refuses to cancel NEET-UG 2024 exam, says demand not justified based on material on record (2024)

The online counselling process for admission to undergraduate medical courses will commence on July 24.

1. leak confirmation: It is confirmed that the NEET UG 2024 question paper leak occurred at Hazaribagh and Patna.

2. CBI reports: The CBI has submitted status reports on July 10, 17, and 21. The investigation reveals that 155 students from these centers appear to have benefited from the fraud.

3. Data analysis: The Union of India presented an analysis from IIT Madras regarding results from 4,750 centers in 571 cities. The court has reviewed this data independently.

4. Absence of systemic breach: There is no current evidence to conclude that the overall result of the exam is vitiated or that there is a systemic breach of its sanctity.

5. Lack of widespread leak evidence: The data does not suggest a widespread systemic leak that would undermine the exam's integrity.

6. Differentiation of students: Students involved in the fraud can be distinguished from those unaffected by it.

7. Future actions: If further investigation reveals more beneficiaries of the fraud, action will be taken against them, regardless of the status of the counseling process. No student identified as part of the fraud will retain any rights to admission.

8. Impact of retest: Directing a fresh NEET UG for the current year would have severe consequences, affecting over 24 lakh students, disrupting admission schedules, impacting medical education, and disadvantaging marginalized groups.

“At this stage, in order to obviate any controversy, the court has independently scrutinised the data given by the NTA. On the basis of the material on record, in the present stage, there is an absence of material to show that the result of the exam stands vitiated and there was a systemic breach of the sanctity of the exam”, the Chief Justice records in the order.

A Bench led by Chief Justice of India D.Y. Chandrachud starts dictating the verdict in open court.

Advocate Hegde cited video evidence suggesting that the leak occurred before the papers were secured in trunks. He noted, "The video shows a man, not yet arrested, stating that the leak happened before the papers were placed in the trunks. This indicates that a sufficient timeline is needed for a leak, as a brief timeline is unlikely to be effective."

CJI DY Chandrachud announces a brief recess, stating, "We are rising. We will come back after 5 minutes."

An advocate representing tribal students from Meghalaya highlights that there has been a documented loss of time, which has been acknowledged by the centre coordinator.

CJI: Mr. Solicitor General, did you form an expert committee?

SG: Yes, we did. It is headed by Dr. Randeep Guleria.

An advocate expresses concern, stating, "If an additional 10,000 or 20,000 candidates come forward, it could affect my client's chances, who is already disadvantaged. Additionally, there is an issue with the OMR sheets. My client calculated a score of 650 using the answer key, but the official result was 111. NTA has yet to provide the OMR sheets."

Nedumpara argues that the exam should be canceled, stating, "This matter should have concluded in 20 minutes." He asserts that the Court should refrain from involving itself in executive matters and leave the issue to the government. Despite his strong advocacy for cancellation, Nedumpara emphasizes that fundamental constitutional principles dictate that such administrative issues should be handled by the government.

Despite the Supreme Court's usual practice of concluding hearings by 4 pm, the Bench is still deliberating on the NEET case well past the hour. The Chief Justice of India had earlier expressed a desire to wrap up the NEET hearings today.

'It is clear that on night of May 4 students were asked to solve the papers, memorized and even then failed. Thus it shows that for leak adequate timeline is needed and a brief timeline is not possible. There is a video of the man when he was not arrested and he says that leak happened even before the papers went in the trunks,' says Adv Hegde

Advocate Hegde stated that the CBI has identified an organized mafia involved in paper leaks, describing it as a business proposition where agents are sent months in advance to offer exam papers to those willing to pay, guaranteeing a desired rank.

Adv. Hegde raised concerns about Sanjeev Mukhiya, stating, "Sanjeev Mukhiya not only has a history with leaks but is now a major investor in these paper leaks."

Adv Sanjay Hegde is now addressing the Supreme Court bench

"All the students who appeared must have Aadhar cards.. why was document not sought for change of centre? This entire exam's sanctity is gone and has to be held again," Hooda argues.

While Adv. Hooda claimed that the question paper was transported by e-rickshaw, the Solicitor General argued that it was only the OMR sheets and not the question papers.

In response, Adv. Hooda countered, "OMR sheets and question papers are in the same envelope."

Senior Advocate Hooda highlighted significant discrepancies in NEET UG 2024 results between exam centers. He pointed out that while Kota and Sikar had similar numbers of candidates, the performance gap between the two centers exceeded 50 percent. Hooda suggested that Sikar had an advantage and questioned the consistency of these results over the years, implying that such discrepancies may have been a recurring issue.

Senior Advocate Hooda contended that the question papers from SBI and Canara Bank for the NEET UG 2024 cannot be considered of the same difficulty level. He argued that no two papers are identical in difficulty, challenging the notion that the papers were equivalent.

'In Rajasthan centre, the NTA claims that they got to know two hours that the wrong medium question paper was given. How was that not registered in their CCTV?' argues Adv Hooda.

"How was (question paper from) SBI withdrawn and Canara bank paper allowed to be written? Principal is on record.. she says, not a minute delay.. Canara bank paper was given.. When they realised, NTA was contacted and NTA said let them attempt Canara bank.. It is on record and the video can be played now," alleges Hooda.

Senior Advocate Hooda argued that the NEET UG 2024 examination cannot be upheld given the circ*mstances. He emphasized that the gang behind the leak remains largely at large, including the main mastermind, and that key evidence such as mobile phones used for disseminating the leaked paper has not been recovered. "As of today, the whole world is watching," Hooda stated. "The paper has been leaked by a gang, the investigation is ongoing, and mobiles have not been recovered. Is there any sanctity left for this examination?" He criticized the reliance on figures presented in court, asserting, "Merely, figures are being thrown around this honorable Court."

Solicitor General Mehta responded, "We raised figures before the Court; we never throw figures."

Chief Justice of India (CJI) DY Chandrachud raised concerns about the potential implications of canceling the NEET UG 2024 exam amid an incomplete investigation. He noted that while the investigation currently indicates the leak may be confined to Patna and Hazaribagh, there is a possibility that further developments could reveal a broader scope.

CJI Chandrachud emphasized that with 23 lakh students involved, the court must balance the investigation's current findings against the potential impact on students. He stated that while it cannot be definitively concluded that the leak is limited to these two locations, nor can it be established that it has affected the entire exam system to a degree that would undermine its integrity.