NEET-UG 2024| Far Fetched To Say Leaked Papers Were Solved & Given To Students 45 Minutes Before Exam : Supreme Court To Union

While hearing the NEET-UG 2024 case, the Supreme Court on Thursday (July 18) raised doubts over the stand of the Union and the National Testing Agency that the paper leak happened only about 45 minutes before the start of the exam in certain centres.

The Court orally remarked that the hypotheses that the question papers were leaked, solved and given to students to memorize all within 45 minutes on the morning of the exam date (May 5), appeared to be "too far-fetched."

A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra was hearing a batch of cases seeking to cancel the National Eligibility- cum-Entrance Test held this year for Under Graduate medical admissions on the ground of paper leak and other malpractices.

During the day-long hearing, the Court posed several queries to the Union and the NTA to ascertain if the paper leak was a localised incident at certain centres or widespread. The Court also orally commented that if the interval between the paper leak and the actual exam was long, then it would indicate a widespread breach.

The Union/NTA took the stand that the paper leak happened only at a centre in Hazaribagh (Jharkhand) on the morning of the exam date. The leaked paper was then sent to some gang members in Patna as well.

Solicitor General of India Tushar Mehta submitted that as per the CBI investigation, at a particular centre in Hazaribagh, one person unauthorizedly took photographs of the question papers between 8 AM and 9.20 AM on May 5 (day of exam). These question papers were then solved and the students(who had paid the gang) were given the answers to memorize.

CJI Chandrachud wondered if all the 180 questions could have been solved within 45 minutes, given that the examination started at 10.15 AM. SG replied that there were seven persons in the gang who divided the questions among themselves.

"The whole hypothesis that the entire paper was solved in 45 minutes and given to students is too far-fetched," CJI remarked. SG stated that it was probably the reason why none of the students who cheated got qualifying marks in the exam.

"Primary breach happens in Hazaribagh. Solving happened in Hazaribagh and sent to Patna. All happened in 45 minutes?," CJI wondered. At this juncture, Senior Advocate Sanjay Hegde, appearing for some candidates, submitted that as per the first FIR registered by the Patna Police, the paper leak happened the previous day of the exam. The case was later taken over by the CBI.

While adjourning the further hearing till next Monday, the CJI said that the bench wanted to see the Bihar police records on the investigation carried out by them 

To ascertain whether the leak remained confined to those centres or had spread across other cities and centres, the Court directed the NTA to publish complete centre-wise and city-wise results masking the candidates' identities. Though Solicitor General vehemently opposed the direction to publish centre-wise results, the Court did not retract the direction.  

Senior Advocate Narender Hooda, who led the arguments today for the petitioners, referred to certain newspaper reports about question papers being transported in an e-rickshaw to a school in Hazaribagh(Centre and NTA disputed this claim). He submitted that the principal of that school (a NEET exam centre) was later arrested by the CBI in connection with the case.  He added that the papers were handled by private entities like courier companies and rickshaw drivers.

He also submitted that there are videos showing that the solved question papers were shared on Telegram channels the day before. Hooda also disputed the NTA's claim that the videos were doctored.

The bench said that unless there are concrete materials showing that the leak was extensive, the exam cannot be cancelled. When the bench asked if there were instances of malpractices in centres other than Patna and Hazaribagh, the petitioners referred to Godhra.

Concerning the centre in Godhra, the Court noted that the wrongdoers were arrested before the malpractice could take place. The Court also said that Godhra was not really a case of paper leak but that of an exam centre head offering to get the papers solved.

CJI also opined that since the purpose behind the paper leaks was to gain money, any person involved in the leak would not circulate the leaks en-mass.

"The idea of somebody doing this is not to make a national charade of NEET exam. People were doing it for money. Therefore anybody who is making money out of it won't circulate it mass scale unless there is a network."

Data Analytics Of NEET-UG Results By IIT Madras Not Reliable - Sr Advocate Narendra Hooda Explains  

The CJI at the outset emphasized the need for evidence of widespread paper leaks to justify cancelling the entire exam. Hooda appearing for the petitioners explained the National Testing Agency (NTA) has not released the complete results for the top one lakh candidates who are likely to secure admissions. He pointed out that there are approximately 108,000 medical seats available, with 56,000 in government colleges and 52,000 in private institutions. 

Hooda said if a re-test is ordered, then the real affected persons would be 108000 and not the entire 23.33 lakh students.

The CJI, however, expressed concern about this argument, stating that the mere fact that only a fraction of the 23 lakh candidates would secure admissions is not sufficient grounds for a complete re-examination. 

Turning to the IIT Madras data analytics submitted by the Union, Hooda argued that analyzing the performance of all 23 lakh students might not reveal abnormalities caused by a relatively small number of candidates who may have benefited from the leak. Instead, he suggested that the analysis should have focused on the top 108,000 candidates who are likely to secure admissions. He also added that since one of the directors of IIT Madras is a member of the NTA, the data analytics cannot be considered wholly credible. 

SG  clarified that the chairman of the IIT conducting the JEE Mains in a particular year becomes an ex-officio member of the NTA. For JEE 2024 conducted by IIT Madras, the chairman has become the ex officio member. However, the report is prepared by a non-member director. NTA counsel added that NTA governing body had no role in JEE Mains. 

The SG further informed the court that 131 students (part of petitioners presently) outside the top 108,000 ranks are seeking a re-test, while 254 students (impleaders) within this group are opposing it

On July 10 the Union had filed an affidavit denying any mass malpractice in the NEET-UG 2024 exam. The Centre said that the data analytics done by the Indian Institute of Technology Madras showed that mark distribution followed a bell-shaped curve that is seen in any large-scale exam, indicating no abnormalities. Union submitted that there is an overall increase in the marks obtained by students across cities and centres specifically in the range of 550 to 720.  This is attributed to a 25% reduction in syllabus.

On Disclosure Of Top Rankers - Petitioner Flags Concerns 

Referring to the bell curve prepared by IIT Madras, Hooda pointed out that since the curve comprises data of 23 lakh students, the granular abnormalities cannot be easily detected in such large data. 

Hooda also highlighted that the IIT Report only emphasises on the top 17 rankers and not the top 100 rankers where variations can be seen. 

"There are 571 cities. They say toppers are evenly spread. But the data they give is of only 17 students. Why are they shying away? If they have run it for top 100, they should give for top 100 and not just 17." 

The SG and NTA Counsel however took the attention of the bench to the NTA report disclosing top 100 rankers.

Taking note of the NTA report of the top 100 rankers, the CJI observed that the toppers were distributed across 12 States and 1 UT. 

He observed, " Out of the top hundred, AP got seven, Bihar seven, Gujarat seven, Haryana four, Delhi three, Karnataka 6, Kerala 5, Maharashtra 5, TN 8, UP 6, WB 5...So it appears that the spread in the top hundred marks is distributed across the country, 12 states and one UT."  

The SG added that the toppers are evenly distributed and there weren't any apparent spike of abnormalities from on centre alone. He stated that the first 100 rankers were spread across 95 centres located in 56 cities within 18 States/UTs. 

Hooda also underlined that there has been a five-fold increase in the score range of 550-720 marks as compared to previous years, terming it to be a 'red flag'.  The CJI however, seemingly unconvinced with this contention asked the Counsel to furnish "something more concrete". 

The Counsel then submitted that contrary to NTA's claims of reduction in the syllabus, the additional topics were in fact notified 5 months before the exam. 

"Surprisingly, the NTA does not make any whisper on this. They should have come clean on this." He remarked. 

Bench Inquires Data On Centre Changes Done By Candidates 

The CJI asked the NTA Counsel as to how many candidates from the pool of 23 lakh changed their centres and the procedural details of doing so. The NTA Counsel answered that the centre can be changed only under the process of 'corrections'. He added that 15000 students had utilised the correction window. 

The bench further inquired that within those 15000 students how many opted to change the centre and the window was made open for how many days? 

The counsel responded that the change request can only be made for the city and not the centre. The centre is only allotted 2 days before by the system. He added that the change of centre where alleged malpractices took place, the petitioners have only mentioned Godhra. 

Hooda weighed in that a window for new applications was kept open from April 9-10. He added that the window was opened on the basis of an order by the Rajasthan High Court, which was although only for one specific candidate's case. 

The bench then posed 4 crucial questions to NTA : (1) How many amongst the 1 lakh 8 thousand exam qualifiers had changed the centre? (2) was there any skew in favour of those who registered on April 9 & 10 and (3) If the High Court order was only for one student, how was the correction window opened for 15000 new candidates? and (4) Of those 15000 new candidates how many had qualified in the final 1 lakh 8 thousand? 

SG Clarifies On The 'Pro-Student Measure' By NTA 

On the above questions posed, the SG clarified that while the High Court order was only for one candidate, the NTA had opened the window as a 'student-friendly' measure in light of multiple representations it received from the students separately. 

He disclosed that out of the 15000 new registrations which were received in the correction period, only 44 students qualified into the  1 lakh 8 thousand who made the final cut. 

"We received several representations, so we thought, as a student-friendly measure will open....We received 15,000 new registrations approx. Out of this new 15,094 students, those who will be getting admission in one lakh eight thousand is only 44." 

NTA Counsel added that out of the 15,000 students, 12000 students had failed. 

Disclosing The Status Of CBI Investigation May Alert The Wrongdoers - CJI 

During the hearings, Hooda also requested the possibility of the Court disclosing the details of the CBI investigation into the alleged paper leak so far which have been confidentially furnished to the Court. The CJI opined that the disclosure or even redaction of the CBI report may alert the wrongdoers and hinder the effectiveness of the investigation. 

CJI expressed, "Today an investigation is going on. If what the CBI has told us is revealed, it will affect the investigation. People will become wise...Redaction may not be possible." 

Live updates from today's hearing can be read here.

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Case Details : VANSHIKA YADAV Versus UNION OF INDIA AND ORS. W.P.(C) No. 335/2024 And Other Connected Matters