Amid the growing clamour for cancellation of the controversy-ridden NEET-UG, 2024 exam over alleged malpractices, the Ministry of Education and the National Testing Agency told the Supreme Court on Friday that scrapping it would be “counter productive”, not rational and "seriously jeopardise" lakhs of honest candidates in the absence of proof of large-scale breach of confidentiality.
The Ministry and the NTA said there was no proof of any large-scale breach of confidentiality in the examination which was taken by over 23 lakh candidates at 4,750 centres in 571 cities.
The Union Education Ministry and the NTA filed separate affidavits opposing the pleas which have sought scrapping of the exam plagued by controversy, a re-test and court-monitored probe into entire gamut of issues involved.
The top court is scheduled to hear on July 8 a batch of pleas, including those alleging irregularities in the examination held on May 5 and seeking a direction that it be held afresh.
The National Testing Agency (NTA), which conducts the National Eligibility-cum-Entrance Test-Undergraduate (NEET-UG) for admissions to MBBS, BDS, AYUSH and other related courses, and the Union Education Ministry have been at the centre of media debates and protests by students and political parties over alleged large-scale malpractices ranging from question paper leak to impersonation in the test held on May 5.
In its affidavit, the Ministry said invalidating the exam would "seriously jeopardise" the efforts of lakhs of honest candidates who appeared in the exam. In the absence of proof of any large-scale breach of confidentiality in the examination, it argued that it would not be rational to take the step. This is the first time that the Centre is placing its stand on holding a retest of NEET-UG for all 24 lakh candidates on record
The Ministry has only acknowledged that there were “instances of irregularities, cheating, impersonation, malpractices” during the conduct of NEET-UG. There is no mention of a paper leak. It goes on to state further that “in the absence of any proof of any large-scale breach of confidentiality in a pan-India examination it would not be rational to scrap the entire examination”.
This comes even as the Bihar Government, in its communication to the Education Ministry, had stated that its probe “clearly suggests a paper leak”. The Ministry said in the affidavit it has already asked the Central Bureau of Investigation to conduct a comprehensive probe into entire gamut of alleged irregularities.
The National Eligibility-cum-Entrance Test-Undergraduate (NEET-UG), conducted on May 5 by the National Testing Agency (NTA) for admissions to MBBS, BDS, AYUSH and other related courses, has caused a huge uproar across the country over alleged irregularities like question paper leak and led to mass protests, political slugfest and filing of multiple pleas in courts.
Responding to the pleas which have sought scrapping of the controversy-ridden exam, re-test and a court-monitored probe, the Union Ministry of Education said there was no proof of any large-scale breach of confidentiality in the examination which was taken by over 23 lakh candidates at 4,750 centres in 571 cities.
It said in any examination, there were competing rights, and interests of a large number of students who take it without adopting any unfair means must also not be jeopardised. "Scrapping the exam in entirety would seriously jeopardise the lakhs of honest candidates who attempted the question paper in 2024," the affidavit said. It said the Centre was committed to protecting the interests of lakhs of students who have attempted the question papers fairly and after years of hardwork, without trying to obtain any illegal advantage.
"Therefore, while genuine concerns based on proven facts must be addressed, other prayers merely based on conjectures and surmises, without any basis in fact, must be rejected so as not to cause unnecessary suffering and distress to honest examinees and their families," it said.
The affidavit said there have been some alleged instances of irregularities, cheating, impersonation and malpractices during the exam, and premier investigation agency CBI has been asked to conduct a comprehensive investigation into the entire gamut of alleged irregularities. "CBI has taken over the cases registered in different states after being transferred to it by the concerned state governments and is undertaking the investigation," the affidavit said.
It said the Ministry of Education has constituted a high-level committee of experts to suggest effective measures for conducting transparent, smooth and fair examinations by the National Testing Agency. The affidavit said the panel shall make recommendations on reforms in the mechanism of the examination process, improvement in data security protocols and structure, and functioning of the National Testing Agency.
"It is respectfully submitted that the government is committed to ensure the sanctity of examinations and protect the interest of students. To ensure transparency, fairness, and credibility in public examination, Parliament has enacted Public Examination (Prevention of Unfair Means) Act, 2024 on February 12, 2024. The Act was brought into effect on June 21, 2024 and provides for stringent punishment for offences related to unfair means in public examinations. Public Examination (Prevention of Unfair Means) Rules, 2024 under the Act have also been notified on June 23,” it said.
The affidavit said the Centre is not taking the litigation in an adversarial manner and fully appreciates the concerns of candidates who have taken the NEET-UG 2024 examination. "It is further submitted that the Union of India, in a matter such as the present one, has adopted a solution-oriented approach," it said, adding the government is committed to conducting all competitive examinations in a fair and transparent manner.
"The Union of India duly appreciates that the confidentiality of the question papers is the utmost priority in any examination and that if due to some criminality at the behest of some criminal elements, the confidentiality has been breached, the Union of India submits that the said person must be dealt sternly and with the full force of law to ensure that they are punished," the affidavit said.
The NTA, in its separate affidavit, reiterated the Centre's stand and said: “The cancellation of the entire examination on the basis of the aforesaid factor, would be hugely counterproductive and significantly harmful to the larger public interest, especially to the career prospects of the qualified candidates.” The agency said the entirety of NEET-UG 2024 exam was carried out fairly and with due confidentiality without any illegal practices, and the claim of "mass malpractice" during the exam is “completely unfounded, misleading, and lacks any basis”. “It is submitted that if the entire examination process is cancelled without their being any tangible factors warranting such actions it would be highly detrimental to the larger public interest involving the academic career of lakhs of students who have attempted the examination fairly without any wrongdoing or even an allegation of wrongdoing,” the NTA said.
