Case Note & Summary
The Supreme Court of India heard a batch of petitions seeking cancellation of the NEET (UG) 2024 examination and direction for a re-test. The examination was conducted by the National Testing Agency (NTA) on 5 May 2024, with results declared on 4 June 2024. About 23,33,297 candidates appeared at 4,750 centres in 571 cities and 14 overseas cities, competing for 1.08 lac medical seats. The petitioners alleged a question paper leak and systemic deficiencies in the examination process. The Court noted that a leak occurred at Hazaribagh (Jharkhand) and Patna (Bihar), and the CBI investigation revealed about 155 students as beneficiaries. However, the Court found no material to conclude a systemic breach affecting the entire examination. Data analytics from IIT Madras and independent scrutiny of city-wise and centre-wise data for 2022-2024 did not indicate a systemic leak. The Court held that the settled test is whether tainted students can be segregated from untainted ones, and since segregation is possible, cancellation is not justified. Directing a re-test would disrupt the admission schedule, affect medical education, and disadvantage marginalized communities. The Court also dealt with a specific question regarding the correct answer in the physics paper, noting that the NTA initially gave one answer but later changed it, but this did not warrant cancellation. The Court concluded that ordering cancellation is not justified and that any student found involved in fraud at any stage will not have a vested right in admission.
Headnote
A) Constitutional Law - Right to Education - Examination Integrity - NEET (UG) 2024 - Petitioners sought re-test alleging paper leak and systemic deficiencies - Court held that absence of material showing systemic breach and possibility of segregating tainted students from untainted ones justifies not cancelling the examination - Held that directing a re-test would cause serious disruption and disadvantage to over two million students, especially marginalized communities (Paras 4-12).
B) Education Law - Medical Admissions - NEET (UG) - Segregation of Beneficiaries - Court held that if investigation reveals involvement of more beneficiaries, action shall be taken against every student found involved, and no such student shall have vested right in admission (Para 11(vi)).
C) Evidence Law - Data Analytics - IIT Madras Report - Court independently scrutinized data and found no systemic leak based on city-wise and centre-wise comparison with previous years (Para 11(iii)-(v)).
Issue of Consideration
Whether the NEET (UG) 2024 examination should be cancelled and a re-test ordered due to alleged question paper leak and systemic deficiencies.
Final Decision
The Court held that ordering cancellation of the entire NEET (UG) 2024 examination is not justified. The Court directed that the counselling process may continue, but any student found involved in fraud at any stage shall not have a vested right in admission.
Law Points
- Cancellation of examination only justified if systemic breach affecting entire process
- possibility of segregating tainted students
- data analytics to detect abnormalities
- no vested right for beneficiaries of fraud
Case Details
2024 LawText (SC) (7) 236
[Writ Petition (Civil) No. 335 of 2024] [Writ Petition (Civil) No. 362 of 2024] [Writ Petition (Civil) No. 369 of 2024] [Writ Petition (Civil) No. 368 of 2024] [Writ Petition (Civil) No. 431 of 2024] [Writ Petition (Civil) No. 379 of 2024] [Writ Petition (Civil) No. 377 of 2024] [Writ Petition (Civil) No. 376 of 2024] [Writ Petition (Civil) No. 375 of 2024] [Writ Petition (Civil) No. 425 of 2024] [Writ Petition (Civil) No. 401 of 2024] [Writ Petition (Civil) No. 415 of 2024] [Writ Petition (Civil) No. 407 of 2024] [Writ Petition (Civil) No. 412 of 2024] [Writ Petition (Civil) No. 383 of 2024] [Writ Petition (Civil) No. 419 of 2024] [Writ Petition (Civil) No. 406 of 2024] [Writ Petition (Civil) No. 403 of 2024] [Writ Petition (Civil) No. 398 of 2024] [Writ Petition (Civil) No. 414 of 2024] [Writ Petition (Civil) No. 423 of 2024] [Writ Petition (Civil) No. 404 of 2024] [Writ Petition (Civil) No. 427 of 2024] [Writ Petition (Civil) No. 441 of 2024] [Writ Petition (Civil) No. 420 of 2024] [Writ Petition (Civil) No. 430 of 2024] [Writ Petition (Civil) No. 446 of 2024] [Writ Petition (Civil) No. 410 of 2024] [Writ Petition (Civil) No. 382 of 2024] [Writ Petition (Civil) No. 381 of 2024] [Writ Petition (Civil) No. 394 of 2024] [Writ Petition (Civil) No. 384 of 2024] [Writ Petition (Civil) No. 389 of 2024] [Writ Petition (Civil) No. 417 of 2024] [Writ Petition (Civil) No. 393 of 2024] [Writ Petition (Civil) No. 435 of 2024] [Writ Petition (Civil) Diary No. 28729 of 2024] [Writ Petition (Civil) No. 1741 of 2024] [Writ Petition (Civil) No. 449 of 2024] [Writ Petition (Civil) No. 392 of 2024] Transfer Petition (Civil) No. 1659 of 2024] Transfer Petition (Civil) No. 1597 of 2024] Transfer Petition (Civil) No. 1600 of 2024] Transfer Petition (Civil) No. 1602 of 2024] Transfer Petition (Civil) No. 1596 of 2024] Transfer Petition (Civil) No. 1808 of 2024] Transfer Petition (Civil) No. 1741 of 2024] Transfer Petition (Civil) No. 1737 of 2024] Transfer Petition (Civil) No. 1735 of 2024] Transfer Petition (Civil) No. 1730 of 2024]
[J B Pardiwala J. , Manoj Misra J. ]
Union of India and Others
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Nature of Litigation
Public interest litigation challenging the integrity of NEET (UG) 2024 examination and seeking cancellation and re-test.
Remedy Sought
Petitioners sought direction for re-test due to alleged paper leak and systemic deficiencies.
Filing Reason
Alleged leakage of question paper and systemic deficiencies in conduct of NEET (UG) 2024.
Previous Decisions
Interim order dated 8 July 2024 directing disclosures by NTA, Union of India, and CBI.
Issues
Whether the NEET (UG) 2024 examination should be cancelled due to alleged paper leak and systemic deficiencies.
Whether a re-test should be ordered.
Submissions/Arguments
Petitioners argued that the leak was systemic and coupled with structural deficiencies, warranting a re-test based on previous Supreme Court decisions.
Union of India and NTA opposed cancellation, citing data analytics and possibility of segregating tainted students.
Ratio Decidendi
Cancellation of an examination is justified only if there is a systemic breach affecting the integrity of the entire process and it is impossible to segregate tainted students from untainted ones. In this case, the leak was localized and segregation was possible, so cancellation was not warranted.
Judgment Excerpts
The fact that a leak of the NEET (UG) 2024 paper took place at Hazaribagh in the State of Jharkhand and at Patna in the State of Bihar is not in dispute.
At the present stage, there is an absence of material on the record to lead to the conclusion that the entire result of the examination stands vitiated or that there was a systemic breach in the sanctity of the examination.
Ordering the cancellation of the entire NEET (UG) 2024 examination is not justified on the application of the settled tests which have been propounded in the decisions of this Court or on the basis of the data and material available on the record.
Procedural History
Petitions filed in Supreme Court challenging NEET (UG) 2024. Interim order dated 8 July 2024 directing disclosures. Arguments heard over four days. Judgment reserved and final conclusions recorded on 23 July 2024.
