NEET-UG 2024| Supreme Court Issues Notice On Pleas Filed By NTA To Transfer Petitions From HC To SC

The Supreme Court today (July 15) issued notice in the transfer petitions filed by the National Testing Agency (NTA) concerning NEET-UG 2024 cases pending before the Rajasthan High Court

Before the High Court, a batch of writ petitions was filed challenging the NEET examination. However, the NTA moved to the Top Court seeking the transfer of the petitions to the already pending batch of matters before it. 

The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to issue notice in the transfer petitions and tag them with the lead case Vanishika Yadav v.UOI relating to the ongoing NEETUG controversy. 

" Issue notice and tag"  The CJI directed during the hearing.  

Advocate Vardhaman Kaushik, the Counsel for NTA, also requested the Court to stay the proceedings before the High Court. To which the CJI clarified that procedurally when the Supreme Court issues notice in a Transfer Petition, the High Courts do not proceed with the matter. 

" In Transfer, the High Court normally doesn't proceed"

The petitions pending in Rajasthan High Courtin in which notices are issued are as follows : 

1. National Testing Agency Versus Durgesh Raj And Ors. T.P.(C) No. 001741 - / 2024

2. National Testing Agency Versus Tanuja Yadav T.P.(C) No. 1735/2024

3. National Testing Agency Versus Yashasvini And Ors. T.P.(C) No. 1730/2024

4. Aarushi Singh Versus National Testing Agency And Ors. W.P.(C) No. 449/2024

5. National Testing Agency Versus Anshu Choudhary T.P.(C) No. 1737/2024

The tagged petitions will now be heard together with the main batch on Thursday.  

It may be noted that on June 14 the Top Court also issued notice in similar transfer petitions filed by NTA. The transfer sought was of pleas challenging the award of grace marks as well as the alleged paper leak concerning the NEET filed before the Delhi High Court.  Subsequently, on June 20 the Court stayed proceedings in petitions filed in Rajasthan, Calcutta and Bombay High Courts regarding the alleged paper leak in the NEET-UG 2024 exam and tagged the petitions with the main matter. 

What Is The NEET-UG Matter About?

Notice was issued on May 17 in the lead petition titled Vanshika Yadav v. Union of India which seeks the re-conduct of NEET UG 2024, in light of the alleged malpractices and paper leak of the exam.

While the top Court refused to grant a stay on the results of the NEET-UG 2024 exam, the bench led by CJI DY Chandrachud agreed to consider the matter and posted it for hearing after summer vacations (in July). 

Several petitions have been filed before the top Court since, alleging that the nationwide examination held on May 5 by NTA was riddled with malpractices as various instances of paper leaks came to light. Subsequent to the declaration of the NEET-UG Results, additional pleas were raised against the 'arbitrary' grant of grace marks to 1536 candidates on grounds of 'loss of time' purportedly to give 'back-door entry' to certain individuals. 

One of the petitions in the batch seeks recall of the NEET-UG 2024 results and the conduct of a fresh examination. Other petitions seek a CBI investigation into the alleged malpractices in the conduct of the exam. Notice has been issued in these matters and they have been tagged for a combined hearing.

Opposing the calls for 're-NEET' and cancelling results of the NEET-UG 2024 exam, a petition has also been filed in the Supreme Court by 56 Gujarat-based medical students for not re-conducting NEET afresh.

Another petition alleges, among other things, the involvement of NTA officers in manipulating the OMR sheets.

 On July 8, the Court posed questions to the Union Government and NTA regarding the nature of the paper leak and steps taken to identify the beneficiaries of fraudulent practices. Stating that the occurrence of the paper leak in the NEET-UG exam could not be denied, it further said that what remained to be ascertained was if the nature of the leak was widespread or isolated, in order to decide the question of ordering a re-test.  

Subsequently, the Union in its affidavit on July 10 denied any mass malpractice in the NEET-UG 2024 exam. It 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.

The NTA also submitted that the video showing a photo of the NEET UG exam paper leaked on Telegram on May 4 was fake. As per NTA, the timestamp was manipulated to create a false impression of an early leak.

Case Details : NATIONAL TESTING AGENCY Versus DURGESH RAJ AND ORS. And Other Connected Matters 

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