This Case commentary is written by Ayush Khilwani, a Fourth-Year law student of Career College of Law, Bhopal

Vanshika Yadav & others v. Union of India

Case No.: Writ Petition (Civil): 335/2024

Court: Hon’ble Supreme Court

Coram: Bench constituting of three judges:

· Hon’ble Chief Justice Dhananjaya Y. Chandrachud

· Hon’ble Mr. Justice J.B. Pardiwala

· Hon’ble Mr. Justice Manoj Misra

Parties:

· Petitioner: Vanshika Yadav & others

· Respondent: Union of Indian, National Testing Agency (NTA) & others

Abstract:

In this case, a civil writ petition is brought up by Vanshika Yadav along with other petitioners against the National Testing Agency (NTA) and Union of India. The petitions were filed under Article 32 of the Indian Constitution, the writ was of Mandamus directing the reconduct of medical entrance examination (NEET-UG). Hon’ble Supreme Court observed that cancelling or reconducting of examination can be a serious threat to medical education and marginalized groups benefiting from reservation policies. So, the Court dismissed the petitions demanding the reconduction of examinations, but the Court ordered for adjusting in the NEET UG Revised Scorecard 2024.

Introduction:

In 2024, more than 23 lakhs candidates appeared for the medical entrance examination which is known as NEET UG. The case of Vanshika Yadav v. Union of India is related to the medical entrance examination (NEET UG) which was held on 5th May 2024. There were charges of paper leaks and irregularities by the administration. So, on 10th June 2024, the writ petition along with 40 other petitions were filed, these petitions were alleging irregularities and wrongdoings in the conduct of medical entrance examination of 2024 (NEET UG).

Facts of The Case:

The First Information Report (FIR) alleging a paper leak was filed in Shastri Nagar, Patna on 5th May 2024 and on this day the NEET UG examination was held. In addition to Patna FIR was also registered alleging the same in Delhi, Maharashtra, Gujrat, and Rajasthan.

There were two sets of question papers that were distributed to the candidates and these two sets were prepared by the NTA. Before the date of examination, these sets of question papers were kept in the safe custody of the State Bank of India and Canara Bank. The NTA released the answer key to question papers on 4th June 2024, but the answer key was only released for the question paper or the set that was kept in the State Bank of India. The NTA didn’t release the answer key of the question paper or set, which was kept in Canara Bank on that date.

Candidates securing AIR-1 (All India Rank) in NEET UG 2024 were highly increased as compared to candidates securing AIR-1 in a few previous years. In 2024, the number of candidates obtaining AIR-1 was 67, whereas the number of candidates securing AIR-1 in the years 2023, 2022, 2021, and 2020 is 2, 1, 3, and 1, respectively.

Main Issues Raised Before the Court:

In this case, there was proof of leakage of the question paper and systematic deficiency, which was questioning the integrity of the examination. So the main issues raised in this petition were:

· Whether the sanctity of NEET UG and NTA was compromised.

· Whether the process should be scrapped and a fresh test should be convened, i.e. re-examination for NEET UG 2024.

· Whether grace marking was unequal and illegal.

· Whether it was possible to segregate the beneficiaries of the fraud from untainted students.

Argument From the Petitioner’s Side:

More than 40 petitioners were involved in the case. Adv. Narendra Hooda argued thoroughly in this case. The basis of arguments from petitioners was that the integrity of the examination was harmed. The petitioners argued that there were irregularities and malpractices involved in NEET UG 2024.

The petitioner's arguments involved how there was a sudden increase in candidates securing AIR-1.

Petitioners also mentioned the Sikar result. Sikar, a city in Rajasthan, according to petitioners, had numerous irregularities because of candidates from Sikar because there were a total of 2000 candidates who scored more than 650 marks out of 750 in Sikar. According to an analysis of the center-wise result for the medical entrance, the average of candidates scoring above 600 in Sikar is much higher than the national average. The petitioners also mentioned that in Sikar some examination centers even do not have CCTV cameras. The petitioners also added that in a few examination centers, there was a delay in the submission of OMR sheets.

In arguments, it was also mentioned that while filling out the form for NEET UG, when students must select their preferred city or examination centers, there is no step or requirement for address verification. The petitioners also added that the question paper may also have circulated or distributed through telegram (an instant messaging application)

The petitioners argued how suddenly there were so many irregularities in NEET UG 2024 and how NTA was so negligent. The petitioners mentioned that students invest their time and years in this examination, and these irregularities are not only a threat to their future but also to the education system of the country. They also mentioned how this is extremely unfair to the students; hence the arguments were on the basis that there should be a reconduct of NEET UG 2024.

Arguments From the Respondents Side:

The respondents acknowledged the fact that there was leakage of the NEET UG question paper, but they argued that no mass malpractice had taken place. The respondent mentioned that only isolated malpractice incidents had been identified and dealt with. Mr. Naresh Kaushik is senior council of NTA

The respondent argued that directing fresh examinations for the present year could result in serious consequences, as more than 23 lakh students appeared for the examination. Conducting fresh examinations could lead to disruption of the admission schedule for the commencement of medical courses, setting back the entire process by several months. The respondent also mentioned directing fresh examinations will also have a bad impact on the availability of qualified medical professionals in future years.

The respondent also cleared that conducting of re-examination can be a serious disadvantage to the students belonging to weaker sections or communities for whom reservation has been made in the allocation of seats.

In the point of Sikar, respondents mentioned that Sikar is an education hub like Kota. Many students from different cities in India come to Sikar to prepare for medical entrance examinations and Sikar also has a good number of institutes that are popular for giving coaching to clear entrance examination which is the main reason for candidates securing good results as compared to other cities. In addition, respondents also mentioned that due to the increasing number of candidates appearing for the examination in Sikar, many new examination canters are opened due to which some new centres haven’t installed CCTV cameras.

The respondent was also cleared in Patna, the investigation is underway and the results of some candidates have been withheld. NTA also addressed the allegations of distribution of leaked question paper on Telegram, it was alleged that a video on Telegram was circulating showing the leaked paper. The NTA in its affidavit, stated that the video shared on Telegram was fabricated and the investigation report of CBI also revealed that the images in the video were fabricated.

The Solicitor General for the Union of India and Mr Naresh Kaushik, senior counsel for NTA in their arguments mentioned that no mass malpractice has taken place and there were only isolated incidents of malpractice which have been identified and dealt with. The respondents also added that canceling or reconducting examinations will conflict with the public interest.

Judgement And Its Analysis:

Hon’ble Supreme Court on 23 July 2024, refused to cancel the NEET-UG 2024 exam on the ground of paper leak and malpractices. The Court reasoned that the paper leak was not systematic or widespread enough that it tampered with the “integrity” of the exam.

Delivering the order Court concluded that there was no considerable evidence to suggest that the exam results were compromised or that there was a systemic breach. The court also observed that ordering a re-examination or cancellation of an examination can cause serious damage to the admission schedule, it will have a negative impact on medical education and marginalized groups benefiting from reservation policies.

The NTA had treated the two options as correct answers to the Physics question and had granted four marks to those examinees who had marked these options. The Court made an expert committee of 3 experts including the director of IIT Delhi Professor Rangan Banerjee, the committee was entitled by the Court to decide the one correct option to that physics question for whom NTA had treated two options as correct options.

The Court noted that students who were awarded marks for the other option would be negatively marked, and the court also ordered NTA to release re-revised NEET UG 2024 results.

Conclusion:

After the Court’s order for making adjustments in the NEET UG Revised Scorecard 2024, nearly the result of 4.2 lakh students were affected which also resulted in a significant deduction of toppers. Earlier there were a total of 67 candidates who scored AIR-1 in the exam, after the adjustments the total number of candidates who scored AIR-1 dropped from 67 to 17.

The Court observed how canceling or reconducting of NEET UG 2024 examination could lead to serious harm to medical education and academic schedules. The court also observed how canceling or reconducting of examination will be a serious disadvantage to marginalized groups benefiting from reservation policies. So, the Court on 2nd August 2024 in its final verdict dismissed the appeal of how cancelling or reconducting of NEET UG 2024 examination.

References:

1) Sushovan Patnaik, “Supreme Court refuses to cancel 2024 NEET UG exam due to insufficient evidence of “systemic” leak”, 23rd Jul 2024, https://www.scobserver.in/journal/supreme-court-refuses-to-cancel-2024-neet-ug-exam-due-to-insufficient-evidence-of-systemic-leak/, accessed on 08/09/2024

2) Ajay Mohanty, “NEET-UG results: Over 2,000 candidates from Sikar score over 650”, Jul 20, 2024, https://www.business-standard.com/education/news/neet-ug-results-over-2-000-candidates-from-sikar-score-over-650-124072000789_1.html, accessed on 08/09/2024

3) Pulugam Devaki, “Neet UG 2024 Case: Vanshika Yadav vs. Union Of India (UOI) and Ors”, 31 July 2024, https://www.lawyersclubindia.com/articles/neet-ug-2024-case-vanshika-yadav-vs-union-of-india-uoi-and-ors--16872.asp, accessed on 09/09/2024

4) Indian Kanoon, “https://indiankanoon.org/doc/44343595/#”, accessed on 09/09/2024