NEET-UG 2021 : Supreme Court Rejects Plea To Seek Report On Probe Into Alleged Paper Leak & Malpractices

The Supreme Court on Wednesday rejected a prayer to call for a status report on the investigation in FIRs registered in different states over the alleged paper leak and widespread malpractices in the NEET UG 2021 Entrance Examination held on 12th September 2021. 

A bench comprising Justices L Nageswara Rao and BR Gavai observed that any interference by the Court will create confusion and doubts about the exam and will be detrimental to the large number of students(Vishwanath Kumar & ors vs National Testing Agency & ors).

Senior Advocate Salman Khurshid, appearing for the petitioners, submitted at the outset that he was not pressing the prayers for cancellation of the exam and conduct of fresh tests in view of the fact that the same prayers were rejected earlier.

Earlier, on October 4, the same bench had dismissed another writ petition seeking the similar relief, observing that cancellation of exam will cause immense prejudice to lakhs of students.

Mr.Khurshid added that he was only pressing the prayer for seeking a report on the investigation in the FIRs registered over the alleged malpractices in the NEET-UG exam.

"If we interfere, it will create a doubt. This will create a lot of confusion, and will be detrimental to a large number of students. Sorry, we don't want to interfere", Justice Rao observed.

Then Khurshid sought for a liberty to approach the Court with similar prayers at a later appropriate stage.

"We don't want to make any observations. If we observe anything, it might be taken out of context and will be understood in a different sense to create confusions", Justice Rao replied.

Following that, Khurshid sought for liberty to withdraw the petition.

The petitioners had argued that from the bare perusal of the FIR dated 12th September registered by CBI, it was crystal clear that the NEET UG 2021 entrance examination paper was leaked under a criminal conspiracy wherein involvement of renowned coaching centers and paper solver gang has been found.

It was also averred that apart from CBI, multiple FIRs have also been registered by the Police in the State of Rajasthan, Uttar Pradesh, Maharashtra in respect of NEET UG 2021 Entrance Exam Paper leak.

Further it had been argued by the petitioners that the initial investigation had established the fact beyond doubt that the NEET UG 2021 entrance examination was irreversibly vitiated by use of fraudulent means and unfair practices.

The writ petition had urged the Court to cancel the NEET UG 2021 examination held on 12.09.2021 and direct examinations to be conducted afresh.

The plea had also sought directions to the Ministry of Education, National Testing Agency and National Medical Commission to enhance the standard of Security protocols including biometric verification of candidates, use of jammers etc to conduct the examination in a fair and transparent manner.

Furter directions were also sought to the National Testing Agency to submit an affidavit within a week as to why the examination conducted on 12th September 2021 should not be cancelled and a decision be taken to conduct the examination afresh.

The plea had also sought directions to the CBI and Director General of Police of Rajasthan and Uttar Pradesh to submit a fact-finding report before the Supreme Court of India within a week with all relevant information and documents as well as the findings. Further directions have been sought to book and complete the trial as expeditiously as possible so that the guilty can be punished.

Case Title: Vishwanath Kumar & ors vs National Testing Agency & ors| WP(c) 1108/2021.