SC Junks Plea Challenging two Questions in NEET 2024
New Delhi: The Supreme Court recently dismissed a plea challenging two questions in this year's National Eligibility-Entrance Test Undergraduate (NEET-UG) examination.
Earlier, the Delhi High Court had refused to declare these two questions to be incorrect and grant bonus marks to the aspirants. When the High Court's order was challenged before the Supreme Court, the bench comprising Chief Justice of India (CJI) D.Y. Chandrachud, Justices J.B. Pardiwala and Manoj Misra dismissed the plea noting that it could not allow to "unseat the whole process".
Approaching the High Court bench, the petitioner had argued that the inaction of the National Testing Agency (NTA) in not declaring the questions 104 and 149 of R4 test booklet as incorrect and not granting bonus marks for the same was "arbitrary, discriminatory, unjust, unethical and violative of fundamental rights." On the other hand, the NTA, after receiving the objections, had the issue examined by subject experts.
Earlier, while considering the matter, the Delhi High Court bench on August 1, 2024, dismissed the plea noting that the subject experts had examined the challenged questions and the results were subsequently declared. The HC bench had also observed in its order that the counselling schedule could not be disturbed at that stage.
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As per the latest media report by Verdictum, when the Delhi HC's order was challenged before the Supreme Court, the bench observed, "We cannot unseat the whole process."
"If you are right, then the entire result of the examination will have to be redone. What happens to those students who have been admitted? The admissions are also complete. We can't interfere in this case. Sorry. Thank you. Dismissed," the CJI further told the petitioner, who appeared in person before the Apex Court bench.
Further noting that NTA had the issue examined by subject experts, the bench observed that as per judicial precedents, it "cannot sit as an appellate authority over the decision of the experts regarding the correct answers to the questions."
Medical Dialogues had earlier reported that back in July this year, the Supreme Court had refused to cancel the NEET-UG 2024 exam with an observation that there was not enough material to conclude that there was a systemic breach of the sanctity of the exam. While noting that ordering a retest would be unjustified, the Apex Court had clarified back then that if any student had unresolved issues, they were free to pursue their remedies in accordance with law.
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