Today(on 11th June),The Supreme Court dismissed petitions from NEET-PG examinees seeking release of answer keys and revaluation options for 2021 and 2022 exams, citing them as irrelevant due to time passage. Justices suggested future grievances be raised on admissible grounds for the 2024 exams.
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NEW DELHI: Today(on 11th June), The Supreme Court dismissed two petitions filed by doctors who appeared in the National Eligibility-cum-Entrance Test (Postgraduate) (NEET-PG) exams for the years 2021 and 2022. The petitions sought directions to the National Board of Examination (NBE) to release the answer key and question paper and to permit rechecking or revaluation in cases where discrepancies in scores were alleged.
A writ petition was filed under Article 32 of the Constitution against the National Board of Examination and others. The petitioners argued that there were significant discrepancies in the scores of candidates who appeared for NEET-PG 2021 and NEET-PG 2022. Despite these claims, the Vacation Bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah found the petitions to be without merit given the passage of time.
The Bench observed-
“These petitions have become ineffective over time. If the Petitioners still have concerns regarding the NEET exams for undergraduate or postgraduate studies conducted in 2024, they may challenge them on valid grounds. The Petitions are hereby rejected.”
Representing the petitioners, AOR Dr. Charu Mathur and Advocate Avani Bansal presented their case.
Mathur emphasized the urgency by stating-
“This issue relates to NEET-PG 2021. However, the immediate concern is that we have NEET-PG 2024 scheduled for June 23, 2024.”
This highlighted the ongoing relevance and immediate need for resolution.
Justice Nath responded to this by stating-
“Why should we keep this petition pending for years? It will persist indefinitely. It has become entirely ineffective, so we will dismiss it… If you wish to contest the current examination, you may do so… Why should we consider these petitions now?”
This response underscored the court’s view that the petition had lost its relevance due to the time elapsed and the evolving context of the NEET examinations.
Advocate Bansal further articulated the concerns of the petitioners-
“The issue is that since its inception, NEET-UG has been following a set of guidelines completely contrary to those established by this Court. The concern is that they are not allowing access to answer keys, answer sheets, question papers, or even options…”
This quote reflects the petitioners’ broader concerns about the procedural fairness and transparency of the NEET examinations.
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The court’s dismissal indicates a clear stance that grievances related to past examinations cannot be perpetually addressed, particularly when procedural guidelines and examination contexts evolve over time. The ruling also suggests that petitioners must present timely and contextually relevant challenges to current examinations rather than relying on grievances related to past examinations.
A group of doctors who completed their MBBS degree and are registered under the State Medical Council has filed a petition challenging the evaluation process of the National Eligibility-cum-Entrance Test for Postgraduate (NEET-PG). The petition highlights several grievances regarding the transparency and fairness of the examination conducted by Respondent No.1, the National Board of Examinations (NBE).
The petitioners argue that the NBE has not provided them with the necessary means to access and verify their answer sheets.
The petition states-
“Respondent No.1 has not provided the Petitioners with the opportunity to obtain their answer sheets, verify them, or raise objections to questions, which is arbitrary, unlawful, whimsical, and infringes upon the Petitioners’ fundamental right to access their answer sheets.”
One of the key points raised in the petition is the lack of transparency in the NEET-PG examination process. According to the petitioners, the NBE has explicitly stated in their information bulletin that they will not share any content of the examination, including answer keys and answer sheets. The bulletin also mentions that they will not publish any question papers or entertain requests for re-evaluation, rechecking, or re-totaling of responses marked by the candidates.
“Respondent No.1 clearly stated in the information bulletin that they will neither share any content from the examination, including answer keys/sheets nor publish any question papers, nor entertain any requests for re-evaluation, rechecking, or re-totaling of responses marked by candidates.”
– the petition notes.
The petitioners further argue that there is a discriminatory practice in place, as NEET-UG allows candidates to view and challenge the answer key, but NEET-PG does not provide the same provision. This discrepancy, according to the petitioners, is a violation of Article 14 of the Indian Constitution, which guarantees equality before the law.
The petition states-
“NEET-UG allows for the display and challenge of the answer key, but NEET-PG does not. This raises questions of discrimination and lack of reasonable distinction on the part of Respondent No.1, thus violating Article 14 of the Indian Constitution.”
In addition to the lack of transparency and alleged discrimination, the petitioners highlight a recent incident where the NBE reportedly mixed the answer sheets of approximately 48 candidates. This mix-up led to three candidates who had actually passed being shown as failed. The petition reveals that this discrepancy was discovered when a failed candidate filed a Right to Information (RTI) application and obtained his answer sheet.
“Recently, Respondent No.1 mixed up the answer sheets of around 48 candidates, resulting in three candidates who had actually passed being shown as failed. This discrepancy came to light when a failed candidate filed an RTI application and obtained his answer sheet.”
-the petition explains.
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The petitioners are seeking judicial intervention to address these issues and ensure that the evaluation process for NEET-PG is fair, transparent, and in line with the fundamental rights guaranteed by the Constitution. They argue that the current practices of the NBE are arbitrary and violate their rights to access and verify their answer sheets.
