LawChakra

Paper Leak Row| Prosecution of NEET & NET Accused to be Governed by Stringent New Legislation

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The prosecution of those accused in NEET and NET cases will now be governed by stringent new legislation. This updated legal framework aims to enforce stricter measures against malpractices in these examinations. The new laws reflect a rigorous approach to ensuring fairness and integrity.

New Delhi: The government announced its decision to prosecute individuals involved in manipulating this year’s NEET-UG for medical entrance and UGC-NET for college teaching positions under the newly enacted Public Examinations (Prevention of Unfair Means) Act. This move implies that offenders will face harsher penalties than those previously stipulated under IPC provisions.

Government sources indicated that despite the alleged leak of NEET-UG and UGC-NET papers occurring before the new central law’s notification on Saturday, the CBI will investigate the incidents and charge the accused under the Public Examinations (Prevention of Unfair Means) Act, enacted in February during the last Lok Sabha session.

Additionally, on Monday, the Ministry of Personnel, Public Grievances, and Pensions issued new rules for the conduct of public exams by the Centre. These rules outline procedures for conducting inquiries and filing reports against individuals involved in cheating during public examinations.

This legislation means that students and individuals involved in paper leaks in Bihar and other locations could face up to 10 years in prison and fines up to Rs. 1 crore. Similarly, students accused of using unfair means in areas like Godhra may receive a minimum sentence of three years and a Rs. 10 lakh fine.

The law designed to prevent dishonest practices in public examinations conducted by bodies such as the UPSC, Staff Selection Commission, railways, banking recruitment exams, and the NTA. According to the new rules, educational institutions, coaching centers, or any entity found facilitating unfair practices can face legal action, including fines and other penalties. Investigations into recent irregularities already involve coaching centers. Personnel from these institutes, as well as examination authorities and service providers, could face jail terms of 5 to 10 years.

These measures considerably stricter than the current regulations for addressing cheating, forgery, and paper leaks, which are punishable by a maximum of three years of imprisonment. The new rules mandate the National Recruitment Agency (NRA) to set norms, standards, and guidelines for computer-based tests (CBT), along with various other responsibilities.

The regulations cover aspects such as “engagement of services of other government agencies by the public examination authority,” “preparation of norms, standards, and guidelines,” and “reporting of incidents involving unfair practices or offenses,” among other provisions.

Pre-examination activities will encompass a range of tasks, including the pre-audit of public examination centers for readiness, candidate check-in, biometric registration, security and screening processes, seat allocation, question paper setting and loading, invigilation, post-examination activities, and guidelines for providing scribes.

Additionally, the new rules outline procedures for reporting incidents of unfair means or offenses and establish protocols to be followed concerning public servants.

A committee might be established by the public examination authority to investigate this matter. This committee will review all pertinent information and present its findings to the public examination authority.

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