[BREAKING] “No Systemic Breach”: CJI Led Bench Delivers Detailed Reasons Why NEET UG 2024 Exam Was Not Cancelled

The Supreme Court Today (August 2nd) in its pronouncement reiterated that there was no systemic breach in NEET UG 2024 exam beyond Hazaribagh and Patna and, therefore no retest would be needed.

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NEW DELHI: The Supreme Court on Friday emphasized that the Central government and the National Testing Agency (NTA) must ensure that issues encountered during the National Eligibility-cum-Entrance Test undergraduate exam for the year 2024 (NEET UG 2024) are not repeated in future examinations.

On July 23, 2024, the Court refused to cancel the NEET-UG, 2024 and said that cancellation would not be justified. The Bench, after a long hearing, observed that there is the absence of material on record to lead to the conclusion that the result of the exam is vitiated or that there is a systemic breach of the sanctity of the exam.

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra ordered,

“The Principle issue which the court was concerned with in this case is whether the sanctity of the NEET was compromised this year and whether the process should be scrapped and a fresh test should be convened. Having answered the question in above terms that is in a negative that it has not affected the entire country, it needs to be clarified that any students having individual grievances it would be open to them to pursue their rights and remedies in accordance with law…We have come to the conclusion that there was no systemic breach of the sanctity of exam, on the basis of material before us at this stage and the leak was only limited to Patna and Hazaribagh.”

Chief Justice of India (CJI) remarked,

“So we’ve got the neat order now ready. I just Read out the judgement’s just a few parts. I have a lot more to read out but then I think I shouldn’t take everybody’s time.”

The committee, tasked by the Union government and the National Testing Agency (NTA), has a broad mandate, including the following responsibilities:

1. Examination Security and Administration:
   • Evaluate and Recommend Reforms: Assess and propose improvements in the exam administration process, ensuring rigorous checks and balances at every stage, from setting question papers to declaring final results.
   • Formulate Standard Operating Procedures (SOPs): Develop SOPs detailing timelines for registration, preferred city changes, handling OMR sheets, and other exam-related processes. Once adopted by the NTA, these SOPs must be adhered to, ensuring the exam’s integrity.
   • Review Exam Center Allotment: Examine the current process for allotting exam centers and recommend necessary changes to ensure fairness and transparency.
   • Verify Candidate Identities: Implement procedures to prevent impersonation, ensuring only registered candidates take the exam, conducting enhanced identity checks at various stages, and utilizing technological innovations to prevent impersonation while complying with legal and privacy requirements.
2. CCTV Surveillance:
   • Consider comprehensive CCTV systems at all examination centers, including real-time monitoring and recording to detect malpractice or unauthorized activities and provide evidence if incidents occur.
3. Question Paper Handling:
   • Review and suggest improvements for setting, printing, transporting, storing, and handling question papers. Implement tamper-evident packaging and secure logistics providers to prevent unauthorized access and leaks. Consider using locked vehicles with real-time tracking systems for transportation.
4. Audits and Inspections:
   • Evaluate the feasibility of regular audits and surprise inspections of exam centers to ensure compliance with security protocols, address potential vulnerabilities, and maintain high standards of examination security.
5. Enhance Compliance Mechanisms:
   • Recommend developing a robust mechanism to address and enhance compliance with established protocols. Allow candidates to promptly report any irregularities or issues encountered during the examination process.
6. Data Security and Technological Enhancements:
   • Advanced Data Security Protocols: Research and recommend advanced data security measures, including encryption and secure data transmission, to protect examination materials from unauthorized access and leaks.
   • Digital Footprint Monitoring: Suggest systems for monitoring and tracking digital footprints related to examination materials, such as digital watermarking and tracking technologies, to trace leaks and identify breaches in electronic dissemination.
   • Cybersecurity Audits: Recommend regular cybersecurity audits and vulnerability assessments to identify and address weaknesses in electronic dissemination systems, ensuring measures are up-to-date with current cybersecurity trends.
7. Technological Innovations:
   • Explore advancements in digital authentication, secure online platforms, and other emerging technologies to enhance examination security and efficiency.
8. Policy and Stakeholder Engagement:
   • Policy Review: Review and suggest updates to the policies and SOPs of the NTA to align with best practices and adapt to evolving challenges in examination security.
   • Communication Strategy: Establish a transparent communication strategy to keep stakeholders, including candidates, educational institutions, and the public, informed about measures ensuring examination integrity and responses to identified malpractice.
   • Implementation of Comprehensive Policies: Recommend implementing comprehensive policies to address examination security concerns and ensure effective management. Develop a strategy to keep all stakeholders—including banks, examination centers, and logistical partners—well-informed and ensure regular updates on any issues or changes affecting the examination process.
9. Address Socio-Economic Disparities:
   • Recommend measures to mitigate socio-economic disparities that may affect candidates’ participation or benefits. Provide support and resources to underprivileged candidates to ensure equal opportunities and reduce barriers to entry.
10. Collaboration and International Cooperation:
    • International Engagement: Consider the feasibility of NTA collaborating with examination bodies and educational authorities from other countries to share best practices, security measures, and innovative solutions.
    • Management Framework: Suggest creating a framework to identify, assess, and mitigate risks related to examination security. This should include risk assessment protocols, contingency plans, and strategies for addressing unforeseen challenges.
11. Support and Training:
    • Mental Health Support: Recommend developing and implementing mental health support programs for students, including counseling services and stress management workshops. Consult qualified experts to address the psychological impact of exams and ensure candidates’ well-being.
    • Staff Training: Consider conducting comprehensive training programs for all examination staff, including question paper setters, invigilators, and administrative personnel. Training should cover security protocols, ethical standards, and the latest technology to maintain exam integrity.
12. Committee’s Mandate:
    • The committee must consider the facts and issues highlighted in Section F of the judgment while carrying out its mandate.

Constitution and Timeline:

• The Ministry of Education constituted the committee via notification on June 22, 2024. The notification stated that the committee’s report was to be submitted within two months of the notification date, i.e., by August 22, 2024. Due to the expanded remit, additional time may be required. The new deadline for the report is September 30, 2024.

Post-Report Actions:

• The Ministry of Education will decide on the committee’s recommendations within one month of receiving the report. The Ministry will prepare and start implementing an action plan based on these recommendations and must report compliance with these directions within two weeks of deciding on the implementation.

Court’s Concern and Individual Remedies:

• The primary issue was whether the sanctity of the NEET was compromised this year and if a fresh test was needed. The court determined that the integrity of the exam was not compromised nationwide. Students with individual grievances, not addressed by this judgment, may pursue legal remedies through jurisdictional high courts under Article 226. Before approaching high courts, petitioners must withdraw any existing petitions in this court.

Transfer and Disposal of Cases:

• Transfer petitions regarding the validity of NEET 2024 filed by the NTA or other parties should be disposed of according to this judgment. The court found no systemic breach beyond the Hazaribagh and Patna regions.

Additional Directions:

Option four reported by the IIT Director as the correct option will be used to revise results. A retest for 1,563 students was permitted by the court and will continue to be upheld until final directions are issued.

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