MBBS aspirant alleges tampering of NEET OMR sheets on NTA site: Madras HC order CB-CID inquiry
Chennai: The Madras High Court has directed the Crime Branch-Criminal Investigation Department (CB-CID) to initiate a primary investigation into the allegations of tampering of NEET OMR sheets made by an MBBS aspirant who submitted that the National Testing Agency (NTA) displayed two different scores of his NEET exam.
The petitioner alleged that he appeared for the National Eligibility-cum-Entrance Test (NEET) and his initial marks were 594 out of 720 as displayed on the NTA's website and the score remained the same from October 5 to 16, 2020. However, his marks suddenly reduced to 248 on October 17th.
Taking serious note of the submission by the petitioner student, a single bench comprising justice B. Pugalenthi has instructed the head of the CB-CID to form a special investigating team including cybercrime experts to initiate an inquiry into the issue without registering a first information report. The court has further instructed that the report of the investigating team should be submitted before the court by June.
The order came after the candidate was able to show the court screenshots to back up his claim that two different OMR sheets were uploaded online in his name by the NTA.
The case concerns a NEET candidate, the petitioner, who submitted that the OMR / Answer Sheet that was uploaded on 5.10.2020 on the website of the NTA showed that he had scored 594 marks in the NEET 2020 Exam and that this position continued in the website up to 16.10.2020. However, this position changed all of a sudden on 17.10.2020 and the petitioner noticed that there was a complete change in the OMR Sheet on the same website, wherein the marks came down to 248.
With the said complaint, the aspirant moved the HC. On verification, the court found that the OMR Sheet that had been furnished by NTA was the one that was uploaded on the website on 17.10.2020 and hence did not order any investigation initially.
However, the Additional Rejoinder filed by the petitioner based on the account retrieved from his Google Account changed the entire complexion of this case.
The court stated, "On the face of it, these materials substantiate the case of the petitioner that there were two OMR Sheets that were uploaded in the website of the NTA. This retrieved Google Account has to be taken on the face of it since it is not possible to manipulate the Google Account, which is not within the control of the petitioner."
The Court took this issue at urgency since many candidates who had previously approached the court in similar cases were future Doctors and precious lives were involved. Thereafter, the court directed NTA to thoroughly consider the entire materials that had been placed by the petitioner and conduct an Investigation and a Report should be filed before the Court accordingly.
Later, NTA submitted its report on 11.01.2021 and the counsel for NTA stated that they uploaded only one OMR sheet and the other one, referred to by the petitioner, was a forged one. However, the learned counsel for the petitioner, submitted that the petitioner and his parents had not tampered with any document, and agreed to face any investigation by any agency to prove their point.
On this, the court observed that the candidate requested for an investigation and if it reveals in the investigation the petitioner committed any fraud by manipulating the screenshots, "then the petitioner is prepared to face the consequence of criminal trial and on the contrary, if it is found that a mistake has been committed by the respondents, then the benefit must be given to the petitioner."
Then, the court issued an order giving him permission to participate in the medical counselling and join the Government Medical College in Thoothukudi, which was allotted to him by considering his NEET score to be 594 out of 720. The court further added,
It is made clear that if an investigation is ordered and the investigation reveals that any manipulation has been committed by the petitioner, not only the petitioner, but his parents will also be held responsible and have to face the legal consequences. Needless to state that the petitioner can neither take any advantage on the admission obtained in the college, which was made pursuant to the order of this Court, nor can claim any refund of the fee paid at the time of admission. He is also liable to pay the discontinued fee
However, the opposition including NTA consistently took a stand that it was only one OMR sheet that was uploaded by them, which is the present one that was available on the website and also produced before this Court. NTA contended that the petitioner had fabricated the OMR sheet.
Based on NTA's contention, the court observed, "If the petitioner is capable of tampering the official website, then it has to be construde that the second respondent's official website is vulnerable and appears to be without any Full Proof Mechanism."
Hence, the court decided to opt for an investigation by the police. However, the counsel for NTA opposed the suggestion stating that it would open up a pandoro's box and every candidate, who scored lesser marks, would come up with such a plea and it would tarnish their reputation also.
Commenting on the contention, the court stated,
No doubt, the respondents (NTA, The Directorate of Medical Education, The Medical Counselling Committee) are doing an excellent job, which no body could find fault with and therefore, their reputation matters. But, on this ground alone, the case of the petitioner could not be thrown out. In fact, the individual's reputation is also on the hang. Therefore, when it comes to maintaining the reputation, this Court has to balance it, be it the Institution's reputation or the Individual's reputation. Depending on the outcome of the investigation, the balance would tilt.
Finally, the court ordered for an investigation by the CB-CID and the DIG, CB-CID is suo motu impleaded as a respondent. The court stated
The DGP, CB-CID shall constitute a special team of experts from the Cyber Investigation Wing attached to the CB-CID to conduct a preliminary enquiry on this issue without registering a criminal case and to report. The CB-CID may avail the services of the experts, from the Cyber Crime Investigation Wing, of the higher ranks also andshall monitor the investigation to ensure the investigation is proceeding in a fair and transparent manner. The Investigation Team shall file their report within a period of three months from the date of receipt of copy of this order.
The court also clarified that the continuation of the petitioner's MBBS studies at Thoothukudi Medical College is subject to the outcome of the investigation. The further proceeding connected with the case will take place on 02.06.2021.
To view the order, click on the link mentioned below
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