LexVANSHIKA YADAV versus UNION OF INDIA AND OTHERS
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2024] 7 S.C.R. 957 : 2024 INSC 553 Vanshika Yadav v. Union of India and Others (Writ Petition (Civil) No. 335 of 2024) 23 July 2024 [Dr Dhananjaya Y Chandrachud, CJI, J.B. Pardiwala and Manoj Misra, JJ.] Issue for Consideration The National Eligibility-cum-Entrance Test (UG) 2024 examination was conducted by the National Testing Agency. The petitioners assert that a direction should be issued for convening a re-test on the ground that (i) there was a leakage of the question paper; and (ii) there are systemic deficiencies in the modalities envisaged for the conduct of the examination. Headnotes† Education – Examination – National Eligibility-cum-Entrance Test (NEET) (UG) 2024 – Leakage of the question paper – Systemic deficiencies: Held: The Court proceeded to record the essential conclusions in the following terms: (i) 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; (ii) The CBI has indicated that at the present stage, the material which has emerged during the course of the investigation would indicate that about 155 students drawn from the examination centres at Hazaribagh and Patna appear to be the beneficiaries of the fraud; (iii) Since the investigation by the CBI has not attained finality at present point of time, this Court had in its previous order required the Union Government to indicate whether trends in regard to the existence of abnormalities can be deduced through data analytics on the basis of the results emanating from 4,750 centres situated in 571 cities – Pursuant to the directions of the Court, the Union Government has produced a report of IIT, Madras – At this stage, in order to obviate any controversy, the Court has independently scrutinized the data which has been placed on the record by the NTA; (iv) At the present stage, there is an absence of material on the record to lead to the conclusion that the entire result of the 958 [2024] 7 S.C.R. Digital Supreme Court Reports examination stands vitiated or that there was a systemic breach in the sanctity of the examination; (v) Added to the absence of conclusive material on the record at the present stage, the data which has been produced on the record city-wise and centre-wise and the comparison of data for the years 2022, 2023 and 2024 are not indicative of a systemic leak of the question paper impacting the sanctity of the examination; (vi) In arriving at the ultimate conclusion, the Court is guided by the well-settled test of whether it is possible to segregate tainted students from those whose candidature does not suffer from any taint – If the investigation reveals the involvement of an increased number of beneficiaries over and above those who are suspects at the present stage, action shall be pursued against every student found to be involved in wrong doing at any stage, notwithstanding the completion of the counselling process; (vii) Directing a fresh NEET (UG) to be conducted for the present year would be replete with serious consequences for over two million students who have appeared in the examination – Adopting such a course of action would, in particular, (i) lead to a disruption of the admission schedule; (ii) lead to cascading effects on the course of medical education; (iii) impact the availability of qualified medical professionals in the future; and (iv) cause a serious element of disadvantage to students belonging to marginalized communities and weaker sections for whom reservation has been made in the allocation of seats – 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. [Paras 11 and 12] Education – Examination – National Eligibility-cum-Entrance Test (NEET) (UG) 2024 – Leakage of the question paper – Systemic deficiencies – Constitution of a seven-member Expert Committee by the Union Government: Held: The Union Government has constituted a seven-member Expert Committee – The Committee will abide by such further directions as may be issued by this Court in its final judgment and order in regard to the areas which should be enquired into by it so as to ensure that (i) the process of conducting the NEET (UG) and other examinations falling within the remit of the NT
Excerpt shown. Read the full judgment & AI analysis in Lexace.