SC dismisses plea for review of verdict refusing to direct re-exam of NEET-UG 24

NEW DELHI — The Supreme Court has dismissed a petition seeking review of the August 2 verdict wherein it had refused to allow a fresh NEET-UG 2024 examination.

A bench of Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra dismissed the review plea filed by one Kajal Kumari observing there was no error in its verdict.

“There is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013 has been established. The review petition is, therefore, dismissed,” held the bench in its October 22 order, made available recently.

The top court also rejected the request for an open court hearing on the matter.

On August 2, the top court said it couldn’t order holding of the NEET-UG 24 afresh as no sufficient material on its record indicated a systemic leak or malpractice, compromising the integrity of the examination.

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“…sufficient material is not on record at present which indicates a systemic leak or systemic malpractice of other forms. The material on record does not, at present, substantiate the allegation that there has been a widespread malpractice, which compromised the integrity of the exam. To the contrary, an assessment of the data shows there are no deviations which indicate that systemic cheating has taken place,” read the top court’s order.

The apex court had also expanded the remit of the Centre-appointed panel — headed by former Indian Space Research Organisation (ISRO) Chief K Radhakrishnan — constituted to review the functioning of the National Testing Agency (NTA), which holds the National Eligibility-cum-Entrance Test (Undergraduate) (NEET-UG), and recommend examination reforms.

As the remit of the panel had been expanded, the top court said the committee would submit its report on various measures to rectify deficiencies in the examination system.

CJI Chandrachud, who had authored the verdict on behalf of the bench, observed at that stage the information did not show the question paper being disseminated widely through social media, or the internet, or the answers being communicated to students using sophisticated electronic means, which could prove difficult to trace.

The top court, however, was critical of the conduct of the NTA.

It said while the various issues the court dealt with did not lead to the conclusion that the integrity of the NEET was vitiated at a systemic level, “the manner in which NTA organised the exam” in 2024 had given rise to “serious concerns”.

It said a body such as the NTA, which was entrusted with the immense responsibility of conducting highly important competitive exams, couldn’t afford a “misstep” or take an incorrect decision, amending it at a later stage.

The top court, therefore, directed the NTA to ensure all concerns highlighted by the court in its judgment were addressed and requested the seven-member committee headed by the former ISRO chairman to be mindful of the same while making recommendations.

Over 23 lakh students took the NEET-UG 2024 held on May 5 for admissions to MBBS, BDS, AYUSH and other related courses.