NEET 2021 Results to be soon declared as SC stays Bombay HC retest order

Although the Apex Court bench comprising of Justices L Nageswara Rao, Sanjiv Khanna and B R Gavai has clarified that the issue regarding the two NEET candidates would be considered by the bench after reopening of the court, it has also made it clear that the process of publication of results cannot be halted as more than 16 lakh students are eagerly waiting for the same.

"We stay the high court judgement. The National Testing Agency can announce the results," the bench said after taking note of the submissions of Solicitor General Tushar Mehta, who represented the NTA.

"We will decide what happens to the two students upon reopening (after Diwali vacation). In the meanwhile, we issue notice and file a counter. But we cannot hold the results of 16 lakh students," the bench was quoted saying by PTI.

Such observations came from the top court as it was considering the Special Leave Petition, filed by the National Testing Agency (NTA), the authority in charge of conducting the test.

Medical Dialogues had earlier reported that pointing out the urgency of declaring the results of the National Eligibility-cum-Entrance Test (NEET) 2021, had moved to the Supreme Court against a Bombay HC order, which had halted the process.

Also Read: HC directs NTA to conduct fresh NEET for 2 MBBS aspirants after invigilators goof-up

The Bombay HC while granting relief to 2 MBBS aspirants, had directed the NTA to conduct fresh examination for them after it took note of the submission that those two aspirants had been handed question papers and answer sheets with incorrect serial numbers during the NEET examination 2021.

In the unprecedented order dated October 20, the Bombay HC had also directed NTA to declare the results of those candidates within two weeks along with the main results of the test that was held on September 12 and this had halted the timeline regarding the publication of NEET results.

The high court had taken note of the fact that the test booklet and OMR sheet of two medical aspirants got mixed up at the examination centre before the start of the test and ordered that they be given fresh opportunity to appear.

Besides ordering re-examination and staying the declaration of the results, also directed that the NTA "shall give 48 hrs clear notice to the Petitioners about the date of examination and the centre allotted to the Petitioners".

As a result of the order of the Bombay HC order, the declaration of results was halted by NTA and soon the HC order was challenged before the top court bench as NTA pointed out the urgency of publishing the results.

Also Read: NTA Moves SC seeking urgent hearing Against Bombay HC order Halting Declaration of NEET 2021 Results

As per the latest media report by Live Law, the counsel for NTA, Solicitor General Tushar Mehta, informed the court today that the mix up had happened in case of six students and only two of them have raised the issue as the other four have scored good marks in the test.

"The student's interest also need to be taken into account, the invigilator has accepted the mistake. If you visualize the situation, the student writing the exam is already anxious. They cannot be left in a lurch", Justice Rao, the presiding judge was quoted observing by the daily.

At this outset the SG pointed out, "The remaining four wrote the exam and they got good marks."

Following this, the court asked the counsel appearing for the students, "There were six students who were similarly placed. He(SG) is right in saying that if the other four could complete the exam and score good marks, why should the results be withheld?".

In reply, the counsel appearing for the students submitted before the court that the other four didn't realize the mix-up and mentioned, "The papers got mixed up for 6 students. 4 of them did not realize. 2 of them realized".

After listening to the contentions, the Supreme Court bench stayed the HC order and permitted NTA to publish the results. However, it also clarified that the issue of the two students would be considered after the opening of the courts.

"We will issue notice and stay the HC judgment. SG, you announce the results. There are 16 lakhs students who are eagerly waiting for the results. We'll see what we can do for these 2 students. Because of these 2 students we can't release the results. The NTA is ready to rectify whatever has happened with the students. But please announce the results", Justice Rao was quoted saying by Live Law.

Finally posting the matter for further hearing on November 12, the Supreme Court bench decided to consider the issue of the two students later.