Supreme Court Stay on Madras HC order granting grace marks to NEET candidate for wrong question

New Delhi: The Supreme Court bench of Chief Justice D.Y. Chandrachud and Justice Hima Kohli on Friday stayed an order issued by the Madras High Court, which had allowed grace marks to a medical aspirant belonging to Scheduled Caste Category.

While the candidate was one mark short to clear the National Eligibility-cum-Entrance Test Undergraduate (NEET-UG) Examination 2022, the HC bench had allowed him four grace marks for an unattempted question for which the National Testing Agency (NTA) had provided wrong answers.

Issuing the Stay order, the Apex Court bench has denied allowing the candidate to take part in the counselling process. The petition has been listed for further hearing on December 9, 2022.

PTI had earlier reported that the Madras HC bench had directed the concerned authorities for awarding 4 grace marks to an unsuccessful medical aspirant belonging to Scheduled Caste category for prescribing a wrong question in NEET conducted by the National Testing Agency (NTA).

Reportedly the concerned candidate had abstained from answering question no. 97 as none of the key answers appeared correct. Fearing deduction of one mark for giving wrong answer, he preferred to leave it unanswered. He, however, had secured 92 out of 720, one short to the cut-off mark of 93 for SC candidates.

Although he had submitted an online representation to the NTA, it was not considered. Thereafter, he had filed a plea before the Madras High Court seeking relief.

While considering the appeal, the Madras HC bench comprising of Acting Chief Justice T Raja and Justice D Krishnakumar had noted in the order, "When the appellant/writ petitioner hailing from a downtrodden community has secured 92 marks in the National Entrance-cum-Eligibility Test (UG) 2022 examination, in view of the wrong key answers given to question No.97, he failed to secure the four marks."

"It is also the admitted case of both parties that the key answers to the question have been wrongly given. It is not out of context to mention herein that Article 46 of the Constitution says that the State shall protect the economic interests of the weaker sections of the society, in particular, of the Scheduled Castes and Scheduled Tribes," the bench had observed while allowing the appeal as a special case.

The NTA, being an instrumentality of the State, cannot refuse to award the four grace marks to the appellant who belongs to the weaker section of the society, the bench said.

However, challenging the HC order, the National Testing Agency (NTA) have now approached the Supreme Court. While considering the matter, the Supreme Court bench noted that the concerned student had attempted only two questions as against ten questions from Section (B) of the answer sheet in question and he had not attempted the disputed question No. 97.

NTA argued that the student was not entitled to the benefit of grace marks as awarded by the High Court in view of clause 3.2(b) (vi). The concerned clause 3.2(b) (vi) of the Information Bulletin for the NEET-UG 2022 is as follows:

"3.2(b) For Section B (MCQ): Candidates need to attempt any 10 Questions out of 15 Questions given. In the event of a candidate has attempted more than 10 Questions, only first 10 attempted questions will be considered for evaluation. There will also be negative marking for section B. However, if any anomaly or discrepancy is found after the process of challenged of the key verification, it shall be addressed in the following manner:

...

ii. Unanswered/ Marked for Review: No mark (0)

...

vi. if a question is found to be incorrect or the question is dopped then Four marks (+4) will be awarded to all those who have attempted the question. The reason could be due to human error or technical error."

As per the latest media report by Live Law, the counsel for NTA, Solicitor General of India Tushar Mehta challenged the HC order on the ground that the petitioner student had not attempted the concerned question. He submitted, "If this is allowed, it will have a cascading effect."

Taking note of the submissions, the top court bench issued notice in the matter and directed the authorities to submit the counter affidavit within a period of two weeks.

Further issuing a stay on the HC order, the bench mentioned in the judgment, "Pending further orders, there shall a stay of the impugned judgment of the High Court dated 19 October 2022."

"There shall be a stay of the operative directions contained in the order of the High Court dated 10 November 2022," it added.

Meanwhile, the counsel for the student had urged the court for allowing the candidate to participate in the counselling process. However, the Supreme Court bench denied providing such relief and at this outset, Chief Justice Chandrachud observed, "How will we allow you to participate in the counselling? If they lower the cut-off, you can participate. If we allow you with 92 marks to appear in counselling, there are other students, who are also SC, OBC candidates, who must be allowed. This cannot be permitted."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-grace-marks-191505.pdf

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