NEET UG 2024: Calcutta High Court Asks Candidate Who Lost Time Due To Torn OMR Sheet To Approach Supreme Court For Re-Test

The Calcutta High Court on Friday asked a candidate who had approached the Court for a re-test due to having lost around 1.5 hours of her exam as a result of a torn OMR sheet, to approach the Supreme Court.

A single bench of Justice Jay Sengupta held:

It is an admitted fact that there was some damage in the OMR sheet for which the petitioner was not to be blamed. As has now been clarified by the learned counsel for the NTA that if an appropriate case is made out or if there is an order passed by a Court, the authorities can retest a candidate. The Hon'ble Supreme Court is in seisin of matters concerning compensation for loss of time during examination and has made certain findings in an application. The petitioner is at liberty to take appropriate steps.

The petitioner had argued that she lost about 1½ hours of examination time due to a torn OMR sheet and should be permitted to sit for Sunday's re-examination, which was directed by the Supreme Court after it cancelled the grace marks allotted to 1563 candidates.

Counsel for respondent nos. 2 and 3 denied the allegations and submitted that if at all, the petitioner did not lose more than 10/12 minutes on the issue she raised. It was stated that there was damage on a small portion at the top and a report was sent to the Committee as per Court's direction.

It was argued that Sunday's re-test was based on Court orders and if needed, further re-tests may also be directed based on the decision of the courts. 

Upon hearing these arguments, the Court observed that the re-test on Sunday was in regard to the 1563 candidates who had been awarded grace marks, which were subsequently cancelled, and that the petitioner's case could not be brought under the same ambit. It held:

Therefore, it is abundantly clear that the scope of the examination that is to take place on Sunday i.e. on 23.06.2024 is quite limited. It is confined to the 1563 number of examinees whose case was considered by the Committee and thereafter by the Hon'ble Apex Court.

However, upon noting the NTA counsel's submissions that further re-tests could be directed if needed, the Court directed the petitioner to approach the Supreme Court seeking a retest for herself since it was already in seisin of the matters.

Accordingly, the matter was disposed of. 

Citation: 2024 LiveLaw (Cal) 148

Case: Fiona Majumdar -vs- The Union of India & ors.

Case No: WPA 15845 of 2024

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