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The National Eligibility cum Entrance Test (NEET), a pivotal examination for medical admissions in India, has come under severe scrutiny due to allegations of significant irregularities. Accusations range from the dubious assignment of first rank to 67 students to the arbitrary granting of grace marks to numerous others, raising concerns about the integrity and transparency of the examination process.

ALLEGATIONS AND ANOMALIES

One of the most alarming allegations involves six top rankers who purportedly sat in adjacent seats in the same examination hall in Haryana. Additionally, the fact that ten top rankers attended a single coaching center in an examination centre, in Rajasthan, exacerbates suspicions of collusion. The timing of the result publication on June 4, coinciding with the anticipation of the Lok Sabha elections, has led to further accusations that this was intended to divert media attention from potential irregularities.

Historically, the number of first-rankers has been relatively low, with two in 2020, three in 2021, and three in 2023. The sudden increase to 67 rankers in a single year naturally raises suspicions of manipulation. Moreover, complaints about a leaked question paper have emerged, adding to the concerns. Given the NEET exam's structure of 180 questions and a strict scoring system, the reporting of scores such as 718 or 719 marks attributed to grace marks by authorities is unprecedented and requires scrutiny.

OFFICIAL RESPONSES AND LEGAL ACTIONS

The National Testing Agency (NTA), tasked with the administration of NEET, is responsible for addressing these allegations. NTA has been in charge of conducting the exam in thirteen languages including English, Hindi, Assamese, Bengali, Gujarati, Kannada, Malayalam, Marathi, Odia, Punjabi, Tamil, Telugu, and Urdu, a role that was previously held by the Central Board of School Education (CBSE). Anyhow after the issue, Both the Calcutta High Court and the Delhi High Court have demanded explanations from the NTA. Furthermore, some students have petitioned the Supreme Court of India for an order to re-conduct the examination, while the Indian Medical Association (IMA) junior doctors call for a Central Bureau of Investigation (CBI) probe.

This year, on May 5, over 24 lakh students appeared for the NEET exam at 4,750 centres across 571 cities, including 14 international locations. In Kerala alone, out of 144,000 applicants, 86,681 qualified. Given the exam's critical role in admissions to medical courses such as MBBS, BDS, and AYUSH, maintaining its integrity is of utmost importance.

NTA Chairman Subodh Kumar Singh has defended the agency, citing that grace marks were awarded due to an error in the NCERT textbook and delays in starting the exam at several centres. However, legal experts question the applicability of the referenced 2018 High Court verdict, related to the Common Law Admission Test, to the NEET examination.

SUPREME COURT'S VERDICT ON NEET-UG 2024

The Supreme Court of India, in a recent landmark decision, addressed the contentious issue surrounding the National Eligibility cum Entrance Test (NEET-UG) 2024. The Central Government has informed the Court of its decision to conduct a retest for 1,563 students who were previously awarded grace marks, with the retest scheduled for June 23. This decision comes amidst a backdrop of significant legal and administrative challenges, highlighting the need for rigorous scrutiny and transparent processes in high-stakes examinations.

The Supreme Court has opted not to halt the ongoing admissions counselling process despite the pending retest. In its directive, the Court stipulated that if any of the 1,563 candidates choose to forego the retest, their original scores, excluding the grace marks, will be considered for the final results. The results of the retest are to be announced on June 30, followed by the commencement of counselling for admissions to MBBS, BDS, and other related courses on July 6. This measured approach seeks to balance the interests of the affected candidates with the broader administrative timelines and procedural integrity of the admission process.

The Petitioners' Plea

The Supreme Court's decision was prompted by three petitions challenging the NEET-UG 2024 examination. A bench comprising Justices Vikram Nath and Sandeep Mehta heard the arguments presented by the petitioners, each raising substantial concerns about the fairness and legality of the grace marks awarded.

Alakh Pandey's Argument

Alakh Pandey, the CEO of Physics Wallah and one of the petitioners, contended that the National Testing Agency’s (NTA) decision to award grace marks was arbitrary and lacked transparency. Pandey, bolstering his argument with feedback from approximately 20,000 students, asserted that grace marks ranging between 70-80 were indiscriminately awarded to at least 1,500 students. This, he argued, undermined the credibility of the examination process and disadvantaged other meritorious candidates.

Students Islamic Organisation's Petition

Abdullah Mohammed Faiz and Dr. Shaik Roshan Mohiddin, representing the Students Islamic Organisation (SIO), filed the second petition. They echoed the allegations of arbitrariness in the grant of grace marks, emphasizing that scores as high as 718 and 719 out of 720 were statistically implausible. This petition underscored the necessity for a reevaluation to uphold the sanctity of the examination.

Jaripiti Kartheek's Challenge

The third petition, filed by NEET candidate Jaripiti Kartheek, challenged the compensatory grace marks awarded for alleged lost time during the examination. Kartheek argued that the “normalisation formula” employed to distribute grace marks was inherently unfair and failed to equitably address the discrepancies faced by the affected students.

LEGAL AND PROCEDURAL IMPLICATIONS

The Supreme Court’s handling of this case underscores several critical legal principles and procedural imperatives. First, it highlights the importance of transparency and accountability in the administration of national-level examinations. The Court’s directive for a retest and its decision to allow affected students the option to retain their original scores without grace marks reflect a commitment to procedural fairness.

Second, the case illustrates the judiciary’s role in safeguarding the rights of students and ensuring that administrative decisions do not undermine meritocracy. By addressing the petitions and ordering a retest, the Supreme Court has reinforced the principle that arbitrary administrative actions cannot go unchecked, particularly in contexts where they impact the future careers of thousands of students.

ENSURING INTEGRITY AND FAIRNESS

The allegations surrounding NEET underscore the necessity for rigorous legal and procedural measures to ensure the examination's integrity. Here are several proposed solutions to address and prevent such issues in the future:

1. Enhanced Monitoring and Surveillance

Implementing advanced monitoring technologies, such as AI-powered surveillance and biometric verification, can help prevent cheating and ensure that only registered candidates are taking the exam. Legally mandating the use of these technologies can provide a robust framework to enhance transparency and accountability.

2. Transparent and Secure Question Paper Handling

Developing a legally binding, secure, and transparent system for handling and distributing question papers is crucial. This could involve using blockchain technology to track and verify the integrity of exam materials from creation to distribution, ensuring legal accountability at each step.

3. Independent Review and Auditing

An independent body should be established to review the exam processes and results. Regular audits by third-party organizations, mandated by law, can help identify and rectify irregularities before the results are finalized. This body should have the legal authority to enforce compliance and penalize malpractices.

4. Timely and Transparent Communication

The NTA should establish legally mandated communication channels to promptly address concerns and suspicions. Regular updates and transparent explanations regarding any anomalies or decisions, like the awarding of grace marks, can help build public trust and ensure legal transparency.

5. Legal and Ethical Training for Officials

Ensuring that officials involved in the examination process are well-versed in legal and ethical standards is essential. Regular training sessions, mandated by law, and strict enforcement of guidelines can help prevent malpractices and uphold the integrity of the examination.

6. Robust Complaint Redressal Mechanism

A robust, legally binding mechanism for addressing complaints and grievances related to the exam should be established. This system should ensure that all concerns are thoroughly investigated and resolved in a timely manner, with legal recourse available for unresolved issues.

CONCLUSION

Students invest years of hard work preparing for the NEET examination with the hope of a promising future. It is imperative that the authorities conduct the exam with utmost transparency and uphold its integrity. By implementing these legally sound measures, we can ensure that the NEET exam remains a fair and credible pathway for aspiring medical professionals.

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