Calls For Re-NEET 'Unreasonable & Harsh' : Plea By 56 Candidates In Supreme Court To Restrain NTA From Cancelling NEET-UG 2024

Opposing the calls for 'Re-NEET' and cancelling the results of the NEET-UG 2024 examination, a petition has been filed by 56 Gujarat-based medical students in the Supreme Court for not re-conducting NEET afresh. The petitioners have sought for the continuation of the medical admission based on the present results, excluding those who have adopted unfair means in the examination.

The petitioners have urged the Top Court to issue a writ of mandamus to the Respondents-National Testing Agency (NTA) restraining them from cancelling the NEET-UG 2024 exams in light of the hard work and time put in by the petitioners to successfully clear the examination.

It is contended that allowing Re-NEET would be unreasonable for those students who have qualified for the exam through fair and honest means and would violate their fundamental rights under Articles 14 and 21A.

"The Hon'ble court may further direct the respondents not to re-conduct NEET-UG 2024 by cancelling NEET-UG 2024 held on 05.05.2024 as that would not only be unreasonable and harsh for the honest and hardworking students but also would lead to the infringement of the Right to Education and therefore violative of Article 14 of the Constitution of India, 1950"

The petition also emphasised how the constant 'media coverage' over the calls of Re-NEET has created much anxiety and duress amongst the students who have qualified for the exam with their hard work.

"The Petitioners are young students around 17-18 years of age and to achieve their dream of becoming a Doctors, they have given their 100% dedicatedly and after consistent hard work of more than 3-4 years, have passed the NEET(UG)-2024 exam. However, due to the coverage of news on a daily basis regarding the cancellation of the NEET-UG 2024 held on 05.05.2024 and re-NEET for all the students is creating mental pressure and causing unnecessary stress."

However, the petition also seeks to identify those candidates and centres who have employed unfair means and malpractices to get higher ranks.

It may be noted that the Supreme Court bench led by CJI DY Chandrachud is scheduled to hear the batch of petitions challenging the alleged malpractices and irregularities in the NEET-UG 2024 Examination conducted by the NTA on July 8.

The following reliefs have been sought by the petitioners :

(a)Issue a Writ of Mandamus or any other appropriate Writ, Order or direction, directing the respondents to restrain from cancelling the NEET-UG 2024 examination held on 05.05.2024 and the result thereof dated 04.06.2024;

(b)Issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondent No. 01 to investigate and identify those students who have adopted unfair means or persons who have indulged themselves in the illegal activity of paper leakage, impersonation or any other activity of fraudulent nature and take strict actions against all those persons;

(c)Issue or pass any writ, direction or order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

The Petitioners are represented by AOR Devendra Singh and Dr. Avinash Poddar, Advocate.

Few other petitions have also been filed by some candidates opposing the demand for a re-exam.

What NEET-UG Petitions Have Been Filed So Far?

Several petitions have been filed before the Top Court alleging that the nationwide examination held on May 5 by the National Testing Agency (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 also 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 also seeks to recall the NEET-UG 2024 results & the conduct of a fresh examination. Additional petitions were also filed which sought CBI investigation into the alleged malpractices in the conduct of the examination. Notice was issued in these matters and tagged together for a combined hearing on July 8.

It may be noted that the Union has informed the vacation bench of Justices Vikram Nath and Sandeep Mehta of their decision to cancel the grace marks of 1563 candidates. On June 21 the bench of Justices Vikram Nath and SVN Bhatti refused to stay the counselling/seat allotment process for NEET-UG which is scheduled to commence on July 6. The bench orally observed that any medical admissions will be subject to the final outcome of the pending petitions.

Subsequently, a high-level committee of experts was set up on June 22 by the Union Education Ministry for recommendations on 'Reform in the mechanism of the examination process, improvement in Data Security protocols and structure and functioning of NTA'.

Case Details: SIDDHARTH KOMAL SINGLA & ORS v. NATIONAL TESTING AGENCY & ORS Diary No. 28450/2024