Plea To Cancel NEET-UG 24 : Paper Leak Happened Before May 4th, Says CJI; Live Updates From Supreme Court [July 22]

Counsel quotes from "Tanvi Sarwal" case :

"We are conscious of the fact that every examination being conducted by a human agency is likely to suffer from some shortcomings, but deliberate inroads into its framework of the magnitude and the nature, as exhibited, in the present case, demonstrate a deep seated and pervasive impact, which ought not to be disregarded or glossed over, lest it may amount to travesty of a proclaimed mechanism to impartially judge the comparative merit of the candidates partaking therein. If such an examination is saved, merit would be a casualty generating a sense of frustration in the genuine students, with aversion to the concept of examination."

Counsel quotes from "Tanvi Sarwal" case :

"Segregation only of the already 44 identified candidates stated to be the beneficiaries of the unprincipled manoeuvre by withholding their results for the time being, in our comprehension cannot be the solution to the problem that confronts all of us. Not only thereby, if the process is allowed to advance, it would be pushed to a vortex of litigation pertaining thereto in the foreseeable future, the prospects of the candidates would not only remain uncertain and tentative, they would also remain plagued with the prolonged anguish and anxiety if involved in the ordeal of court cases. Acting on this option, would in our estimate, amount to driving knowingly the students, who are not at fault, to an uncertain future with their academic career in jeopardy on many counts. Further, there would also be a lurking possibility of unidentified beneficiary candidates stealing a march over them, on the basis of the advantages availed by them through the underhand dealings as revealed. Having regard to the fact, that the course involved with time would yield the future generations of doctors of the country, who would be in charge of public health, their inherent merit to qualify for taking the course can by no means be compromised."

Counsel submits that in "Tanvi Sarwal" case, the Court cancelled the exam even while the investigation was pending.

One counsel cites "Tanvi Sarwal" judgment of 2015 which cancelled All India Pre-Medical 2015, after finding that 44 candidates were beneficiaries of unfair means.

Nedumpara : Latur, Rajkot are not great educational hubs.

Nedumpara : The leak industry is worth 2500 crores. 50,000 govt medical seats are there. Capitation fee is anything between 50 lakh to 1 crore. Leak has been happening for many many years, 2013, 2014, 2016. Stations in Haryana which were talking about were involved then too

Nedumpara : NTA's chart is manifestly incorrect. This bell chart is a fraud.

Nedumpara : Re-test is a question of common sense, prudence.

Nedumpara : Treat this as a preliminary examination and conduct a main exam.

Hegde requests that a re-test be ordered at least for all those qualified.