Case Note & Summary
The petitioner, a minor suffering from hyperhidrosis (excessive sweating of palms and soles), appeared for the NEET-UG 2024 examination but was not permitted to carry a handkerchief inside the examination hall. He claimed this caused inconvenience, prevented him from utilizing allotted time, and led to errors in the OMR sheet. He sought re-examination similar to 1563 candidates who were granted a re-test due to delayed distribution of correct question papers. The High Court dismissed his writ petition, holding that full time was provided and the denial of a handkerchief did not materially affect performance. The Supreme Court upheld this view, noting that the petitioner's case was distinguishable because there was no loss of examination time, and the nature of the examination (OMR-based) minimized the impact. The Court also emphasized that courts must be circumspect in entertaining individual grievances in public examinations to avoid prejudicing larger public interest. The special leave petition was dismissed.
Headnote
A) Constitutional Law - Public Examinations - Individual Grievance - Courts must be circumspect in entertaining individual grievances relating to public examinations as it delays finalization of results and prejudices larger public interest (Para 7(c)).
B) Education Law - NEET-UG 2024 - Re-examination - Denial of Handkerchief - The petitioner's case is distinguishable from 1563 candidates who were granted re-examination due to loss of examination time; here, full allotted time was provided, and denial of handkerchief did not materially affect performance as answers were rendered by darkening circles on OMR sheet and sweat could be wiped on clothes (Paras 7(a)-(b)).
Issue of Consideration
Whether denial of permission to carry a handkerchief inside the examination hall due to hyperhidrosis warrants re-examination, and whether the case is at par with candidates who lost examination time due to delayed distribution of correct question paper.
Final Decision
Special Leave Petition dismissed; no merit found. Pending applications disposed of.
Law Points
- Public examination
- individual grievance
- circumspection
- larger public interest
- loss of examination time
- material effect on performance
Case Details
2024 LawText (SC) (9) 131
Special Leave Petition (C) No. 20243/2024
Dr. D.Y. Chandrachud, J.B. Pardiwala, Manoj Misra
Talluri Srikar (Minor) through his father Talluri Srikrishna
The Director, National Testing Agency & Ors.
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Nature of Litigation
Special Leave Petition against High Court order dismissing writ petition seeking re-examination of NEET-UG 2024
Remedy Sought
Direction to conduct re-examination for the petitioner as done for 1563 candidates
Filing Reason
Petitioner was denied permission to carry a handkerchief inside examination hall due to hyperhidrosis, causing inconvenience and affecting performance
Previous Decisions
Representation rejected on 21.06.2024; High Court dismissed writ petition on 09.08.2024
Issues
Whether denial of permission to carry a handkerchief due to hyperhidrosis warrants re-examination
Whether the petitioner's case is at par with 1563 candidates who lost examination time
Submissions/Arguments
Petitioner argued that security personnel negligently denied handkerchief, which was not a prohibited item, and that his performance would have been better with it.
Respondents argued that full time was provided and the case is distinguishable from the 1563 candidates.
Ratio Decidendi
Courts must be circumspect in entertaining individual grievances in public examinations as it delays finalization of results and prejudices larger public interest. Denial of a handkerchief does not materially affect performance in an OMR-based examination where full time is provided.
Judgment Excerpts
Courts must be circumspect in entertaining an individual grievance relating to a Public Examination as it delays finalization of result thereby seriously prejudicing larger public interest.
There is no case that allotted time for giving the examination was not provided to the petitioner at the examination center.
Procedural History
Petitioner submitted representation which was rejected on 21.06.2024. He filed Writ Petition No.21897/2024 before the High Court for the State of Telangana, which was dismissed on 09.08.2024. He then filed Special Leave Petition (C) No.20243/2024 before the Supreme Court, which was dismissed on 13.09.2024.
