Supreme Court Highlights NTA's Lapses, Says Manner In Which NEET-UG 24 Was Conducted Raises Serious Concerns

In the judgment rejecting the pleas to cancel the NEET-UG 2024 test, the Supreme Court listed several lapses which took place on the part of the National Testing Agency (NTA) in holding the test.

Though the Court said that these lapses did not result into a widespread leak so as to affect the sanctity of the entire examination, the Court flagged several failures, cautioning the agency to be careful in the future, considering the fact that NEET is an intensely competitive exam undertaken by over twenty-three lakh candidates.

"While the various issues discussed until now do not lead to the conclusion that the integrity of the NEET was vitiated at a systemic level, the manner in which NTA has organised the exam this year gives rise to serious concerns," the Court observed.

The judgment authored by Chief Justice of India DY Chandrachud highlighted these issues in detail under the heading "The conduct of NTA: Cause for concern".

The significant observations of the Court are given below :

Paper leak, security lapses, transportation of papers in e-rickshaws

"The paper was leaked in Patna and Hazaribagh. In one of the centres, the rear door of the strongroom was opened and unauthorised persons were permitted to access the question papers. This indicates that there is a serious lapse in security and that security measures which are stringent andeffective must be implemented by NTA. Further, it came to light that the question papers were sometimes transported in e-rickshaws and that the services of private courier companies were availed of."

No time specified to seal the OMR papers; private invigilators

The Court agreed with the concern raised by the petitioners' lawyer Senior Advocate Narendra Hooda about the NTA not specifying any time for sealing the OMR sheets. In the absence of a stipulation in this regard, dishonest persons may tamper with the OMR sheets even after the candidates have submitted them and exited the exam hall.

Another point of concern is that NTA relies on persons over whom it does not exercise direct oversight to be the invigilators for the exam. There are various methods which may be adopted to ensure appropriate oversight over invigilators and decrease the likelihood of the use of unfair means.

"All of these issues indicate that the security protocols must be tightened to decrease the possibility of malpractice and fraud and to lessen access by private persons to the question papers."

Distribution of wrong question papers in many centres

There were two sets of question papers for the NEET-UG exam. One set was kept in the branches of the State Bank of India and the other at the Canara Bank branches. The set kept in the SBI was meant to be given to the candidates. However, in twelve centres, the Canara bank set was wrongly distributed.

The Court observed that this lapse occurred either due to the irresponsibility of the city coordinators or due to miscommunication.

"Had the custodian banks been informed whether or not to release the papers in their possession, the city coordinators would have been unable to collect the incorrect set of question papers, even if they made an honest mistake. NTA must consider the various possibilities and plan the protocol to be followed after careful consideration," the Court advised.

Two correct answers for one question

The Court also pointed out the NTA's decision to award grace marks to students who attempted an incorrect option for an ambiguous question. Later, the expert panel constituted by the IIT-Delhi opined that the question has only one correct answer, following which the Court directed the NTA to revise the results accordingly. Because of the NTA's decision to treat two answers as the correct answer, 44 students got the full 720 marks, CJI pointed out.

In this background, the Court said :

"It is a matter of serious concern that this number fell from sixty-seven to seventeen during the course of the hearing. The intervention of the Court, reports by the media, and representations by candidates ensured that these changes were made in the interests of fairness and justice. However, the system adopted by NTA should be such that just outcomes are reached even when these external catalysts are not present. The system must be such as to inspire public confidence."

Flip flop on grace marks

"Another aspect which is most unfortunate is the lack of responsible decision- making with respect to the 1563 candidates who were initially awarded compensatory marks. As noticed above, a committee constituted by NTA first recommended that the compensatory marks be awarded. However, as the controversy surrounding the award of these marks became more prominent, a second committee was constituted. This committee recommended the cancellation of compensatory marks and the conduct of a re-exam in their place for those students," the Court stated.

Urging the body to avoid "flip-flops" like this, the Court said :

"A body such as NTA which is entrusted with immense responsibility in relation to highly important competitive exams cannot afford to misstep, take an incorrect decision, and amend it at a later stage. All decisions must be well-considered, with due regard to the importance of the decision. Flip- flops are an anathema to fairness."

In conclusion, the Court directed :

"NTA is directed to ensure that all the concerns highlighted by the Court in this judgment are addressed. The committee constituted by the Union Government is also requested to keep these issues in mind while formulating its recommendations."

Other reports on the judgment can be read here.