NEET UG 2024| Don't Hope Re-Test Will Be Conducted For Solitary Person : Supreme Court Tells Petitioner

At the outset, a vacation bench of Justices C.T. Ravikumar and Manoj Misra questioned the petitioner's counsel for approaching the Court under Article 32 of the Constitution of India. However, the counsel responded, “I am a topper of these exams. Respondents had the audacity to swap my OMR, and the same two petitions were filed before the High Court.”

Seemingly, the petitioner had appeared for the exam and had alleged swapping of OMRs. Based on that, he had prayed to the Court to allow him to appear in the re-test of the NEET-UG 2024 exam conducted on June 23. Pertinently, a re-test was conducted for 1563 students who were awarded grace marks.

However, Justice C.T Ravikumar, raising a pertinent enquiry, said, “The examination in which you want an order in your favour to allow you to appear, that was already over on 23.06.2024.”At this, Counsel responded by saying that the relief measure may be granted in case a re-test is ordered by the Top Court.

The Court had previously adjourned the plea to this week after asking the petitioner to withdraw a similar petition filed before the High Court. The petitioner had also requested a week's time to file an affidavit explaining the pendency of a similar writ petition before the High Court. However, today, the counsel requested the Court to grant two days to place on record this affidavit. 

Ultimately, the Court adjourned the matter to two weeks, saying that it would not observe anything in this petition. "Sometimes, if you are fortunate, some order will be there in the other matter. We do not know if that will re-resurrect your claim. It depends. On this matter we will not say anything.," the Court said referring to the other NEET-UG cases listed on July 8. 

Notwithstanding, the Counsel persisted in listing the matter on July 09; however, Justice Ravikumar, while refusing to do so, categorically said, "Are you thinking that for you, a solitary person, a re-test will be conducted? Please do not hope against hope."

The Court had previously adjourned the plea to this week after asking the petitioner to withdraw a similar petition filed before the High Court. The petitioner had also requested a week's time to file an affidavit explaining the pendency of a similar writ petition before the High Court.

However, today, the counsel requested the Court to grant two days to file this affidavit. 

Under the scanner is the NEET-UG Examination 2024, an exam held by NTA on May 5 this year. Several petitions were filed before the Supreme Court and in high courts challenging this medical entrance exam.

The petitioners have called for judicial intervention into the alleged paper leak, award of grace marks against the time loss, and other irregularities/discrepancies that occurred during the conduct of the NEET-UG Examination.

While hearing the other NEET cases, the Court had refused to defer the counselling/seat allotment process, which is scheduled to begin on July 6. Besides this, the Court had also orally observed that the admissions will be subject to the final outcome of the petitions and if the exams are set aside, then the counselling also will get invalidated consequentially.

Imperatively, the court had also expressed concern over the alleged discrepancy that occurred in the conduct of the examination where it orally remarked that even '0.001% negligence' in conducting the NEET-UG 2024 exams be looked into with all seriousness considering the immense labor put in by the candidate for the prestigious examination.

In a related development, the Central Govt, on June 22, entrusted the matter of alleged irregularities in the NEET (UG) Examination 2024 to the CBI for investigation.

In an official press release, the Ministry of Education stated that “certain cases of alleged irregularities/cheating/impersonation have been reported” as regards the NEET UG exam held on May 5.

Apart from this, on June 23, a re-test was conducted for 1563 students who were awarded grace marks. However, as per the reports, only 813 (approximately 52%) took the test while others remained absent.

Case Title: SABAREESH RAJAN Versus NATIONAL TESTING AGENCY (NTA) AND ORS., Diary No. 27585-2024