No Systemic Breach in NEET 2024! says Supreme Court, Slams NTA for 'Flip-flops' in Exam

New Delhi: Pronouncing its detailed order on the pleas concerning the National Eligibility-and-Entrance Test Undergraduate (NEET-UG) examination, the Supreme Court has said that it did not cancel the UG medical entrance examination amid concerns of the paper leak because there was no systemic breach of its sanctity. 

"...the various issues discussed until now do not lead to the conclusion that the integrity of the NEET was vitiated at a systemic level," observed the Supreme Court bench comprising Chief Justice DY Chandrachud, and Justices JB Pardiwala and Manij Misra.

Although the top court bench upheld the NEET UG 2024 exam, held on May 5, 2024, it also criticised the National Testing Agency (NTA), the authority in charge of conducting the NEET exam, saying that the agency must stop its flip-flops in holding the examination that was noticed this year.

"A body such as NTA which is entrusted with immense responsibility in relation to highly important competitive exams cannot afford to misstep, take an incorrect decision, and amend it at a later stage. All decisions must be well-considered, with due regard to the importance of the decision. Flipflops are an anathema to fairness," observed the bench.

"...the manner in which NTA has organised the exam this year gives rise to serious concerns. The Court is cognizant of the fact that national-level exams with participation from tens of lakhs of students require immense resources, coordination, and planning. But that is precisely the reason for the existence of a body such as NTA. It is no excuse to say that the exam is conducted in myriad centres or that a large number of aspirants appear for the exam. NTA has sufficient resources at its disposal. It has adequate funding, time, and opportunities to organise exams such as the NEET without lapses of the kind that occurred this year," it further noted.

While making these observations, the Apex Court referred to multiple occurrences in the conduct of the exam and highlighted the lapses made by NTA.

Security Lapses: 

It pointed out that the paper was leaked in Patna and Hazaribagh and in one of the centres, the rear door of the strongroom was opened and unauthorised persons were admitted to access the question papers. In this regard, the bench noted, "This indicates that there is a serious lapse in security and that security measures which are stringent and effective must be implemented by NTA."

Further, the bench took note of the fact that the question papers were sometimes transported in e-richshaws and the services of private courier companies were available. Referring to the arguments made by the petitioners' counsel Advocate Hooda, the Court noted that NTA did not specify a time by which the OMR sheets were required to be sealed after the conclusion of the exam.

"In the absence of a stipulation in this regard, dishonest persons may tamper with the OMR sheets even after the candidates have submitted them and exited the exam hall," the bench observed.

"Another point of concern is that NTA relies on persons over whom it does not exercise direct oversight to be the invigilators for the exam. There are various methods which may be adopted to ensure appropriate oversight over invigilators and decrease the likelihood of the use of unfair means. All of these issues indicate that the security protocols must be tightened to decrease the possibility of malpractice and fraud and to lessen access by private persons to the question papers," it further noted.

The Court also took note of the fact that in at least twelve centres, the question paper stored in Canara Bank was wrongly distributed to candidates. It also noted that in many centres, aspirants completed the incorrect question paper and were ultimately evaluated while in others, the relevant authorities realised the mistake and then distributed the correct question paper.

"This either indicates that the city coordinators were irresponsible and not fit for duty or that the information as to which question paper was to be distributed to candidates was not properly communicated to them. Certainly, neither Canara Bank nor SBI appear to have been notified as to whether the papers in their custody were to be released. As long as the city coordinators furnished proof of authorisation, the papers were released without question. The custodian banks have to be informed as to whether they should release the question papers in their possession. Had the custodian banks been informed whether or not to release the papers in their possession, the city coordinators would have been unable to collect the incorrect set of question papers, even if they made an honest mistake. NTA must consider the various possibilities and plan the protocol to be followed after careful consideration," observed the Court.

"The use of mobile applications to communicate with the relevant parties would permit real-time communication and allow NTA to inform the banks even a few minutes before the time at which the city coordinator was authorised to collect the papers. This would ensure that no unscrupulous persons from the custodian banks can take advantage of the information made available to them. NTA already uses a mobile application to communicate with the city coordinators and others so it would not be difficult to communicate with the custodian banks. Other modes of communication may be explored and adopted, as long as the custodian banks are informed whether to release the papers they have stored for safekeeping," the top court bench opined.

Multiple Number of Toppers: 

The Court highlighted that when the results were released, it appeared that sixty-seven aspirants had scored a perfect score of 720/720. After the removal of compensatory marks and conduct of re-test for 1563 candidates, there were 61 toppers. Subsequently, the court was informed that forty-four of the sixty-one top scorers had marked the incorrect option to the question in controversy. 

"It is a matter of serious concern that this number fell from sixty-seven to seventeen during the course of the hearing. The intervention of the Court, reports by the media, and representations by candidates ensured that these changes were made in the interests of fairness and justice. However, the system adopted by NTA should be such that just outcomes are reached even when these external catalysts are not present. The system must be such as to inspire public confidence," observed the Court.

Grace Marks Issue: 

Another aspect that the Court highlighted was the issue of grace marks granted to 1563 candidates as compensation for loss of time. In this regard, the bench noted that a committee constituted by NTA first recommended that the compensatory marks be awarded.

"However, as the controversy surrounding the award of these marks became more prominent, a second committee was constituted. This committee recommended the cancellation of compensatory marks and the conduct of a re-exam in their place for those students. A body such as NTA which is entrusted with immense responsibility in relation to highly important competitive exams cannot afford to misstep, take an incorrect decision, and amend it at a later stage. All decisions must be well-considered, with due regard to the importance of the decision. Flipflops are an anathema to fairness," observed the Court.

"NTA is directed to ensure that all the concerns highlighted by the Court in this judgment are addressed. The committee constituted by the Union Government is also requested to keep these issues in mind while formulating its recommendations," the bench ordered.

Supreme Court's Directions to the Expert Committee: 

The Apex Court bench has also given some additional directions to the expert committee, which was constituted by the Union Government on June 22 to examine the measures to ensure that the exam process is robust. 

Examination Security and Administration:

In the judgment, the Court has directed the Committee to

(1) evaluate and recommend reforms in the mechanism of administration of the exam. 

(2) formulate standard operating procedures which set out the timelines for registration, changes to preferred cities, the sealing of OMR sheets once candidates submit them to the invigilator, and other processes related to the conduct of the exam.

(3) review the process by which exam centres are currently allotted to candidates and recommend any changes which may be required in the interests of fairness and transparency. 

(4) recommend stricter procedures for verifying candidate identities. "Such processes may include, but are not limited to, enhanced identity checks at various stages of the exam (such as registration, entry to the exam centre, and before the commencement of the exam) and technological innovations to prevent impersonation. All procedures should comply with laws on privacy," ordered the court.

(5) consider the viability of comprehensive CCTV surveillance systems at all examination centers, including real-time monitoring and recording of all activities. 

(6) review and suggest enhancements for the processes for the setting, printing, transportation, storage, and handling of question papers. 

(7) consider the viability of conducting regular audits and surprise inspections of examination centres. 

(8) recommend the development of a robust grievance redressal mechanism.

Data Security and Technological Enhancements:

Regarding data security issues, the Court asked the Committee to-

(1) research and suggest advanced data security protocols, including encryption and secure data transmission methods

(2) recommend systems to monitor and track digital footprints related to the examination materials.

(3) consider how regularly cybersecurity audits and vulnerability assessments must be conducted to identify and address potential weaknesses in the electronic dissemination and storage systems.

(4) explore technological innovations to enhance examination security and efficiency.

Policy and Stakeholder Engagement:

In respect to the policy and stakeholder engagement, the court directed the committee to-

(1) review and recommend updates to the policies and SOPs of NTA to align with best practices, ensuring that the agency is equipped to handle evolving challenges in examination security

(2) establish a transparent communication strategy to keep all stakeholders, including candidates, educational institutions, and the public, informed about the measures being taken to ensure the integrity and fairness of the examination process as well as of the response of NTA to any malpractice which is identified

(3) recommend the implementation of a comprehensive communication strategy to keep all stakeholders involved in the process — including banks, examination centres, and logistical partners — well-informed.

(4) recommend measures to address and mitigate any socioeconomic disparities that may affect candidates' ability to participate in or benefit from the examination process.

Collaboration and International Cooperation:

Regarding collaboration and international cooperation, the committee has been directed by the Court to-

(1) consider the viability of NTA engaging in international cooperation with examination bodies and educational authorities from other countries to share best practices, security measures, and innovative solutions

(2) suggest the creation of a management framework to identify, assess, and mitigate potential risks related to examination security.

Support and Training:

The court asked the committee to- 

(1) Recommend plans or strategies for the development and implementation of mental health support programs for students, including counselling services and stress management workshops.

(2) Consider the viability of NTA conducting comprehensive training programs for all staff involved in the examination process (including but not limited to question paper setters, invigilators, and administrative personnel).

Asking the Committee to submit its recommendations by 30.09.2024, the Court ordered, "The Ministry of Education constituted the committee by a notification dated 22 June 2024. The notification stated that the report of the committee shall be submitted within two months from the date of the issue of the notification. This would be 22 August 2024. However, in view of the expanded remit of the committee in terms of this judgment, additional time may be required for a holistic report on various aspects related to the conduct of the NEET. Therefore, the report of the committee shall be submitted to the Ministry of Education by 30 September 2024. The Ministry of Education shall take a decision on the recommendations made by the committee within a period of one month from receiving the report. It shall prepare and begin to implement a plan of action on this basis. The Ministry of Education shall report compliance with these directions within two weeks of taking the decision on the implementation of the recommendations."

To view the full judgment, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-neet-246038.pdf

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