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Decision on re-test to be based on extent of paper leak effect, says top court
New Delhi: Observing that the sanctity of the NEET-UG 2024 has been "breached", the Supreme Court on Monday said a re-test may be ordered if the entirety of the process is affected and sought details from the National Testing Agency and the CBI including the timing and manner of the paper leak, besides the numbers of wrongdoers, to know the extent of its effect. "Let us not be in self-denial.
Self-denial is only adding to the problem," a bench headed by Chief Justice D Y Chandrachud told the Centre and the NTA, which conducts the prestigious test, in a string of strongly-worded observations. "One thing which is very clear is that the leak has taken place. That the sanctity of the exam has been breached is beyond doubt. The question is how widespread is the leak," said the bench which also comprised Justices JB Pardiwala and Manoj Misra.
Posing a volley of searching queries, the bench said a re-test has to be ordered if the breach in sanctity affects the entirety of the process. The court said if the sanctity of NEET-UG 2024 is "lost" and if the leak of its question paper has been propagated through social media, then a re-test has to be ordered.
It said the extent of question paper leak and the beneficiaries across geographical boundaries have to be ascertained before the top court may order a re-test in the controversy-ridden exam which was taken up by 23.33 lakh students at 4,750 centres in 571 cities including in 14 cities overseas. It said if the breach was confined to specific areas and it was possible to identify the wrongdoers, then it may not be appropriate to order for a re-test in an examination of such a massive scale.
The apex court said it will have to scrutinise whether the alleged breach has taken place at a "systemic level", whether it has affected the integrity of the entire exam process and whether it was possible to segregate the beneficiaries of the fraud with untainted candidates who undertook the test on May 5. "In a situation where a breach in sanctity affects the entirety of the process and it is not possible to segregate the beneficiaries of the wrongdoings from others, it may be necessary to order a re-test," the bench said. "One thing is clear that leak of question paper has taken place," it said and sought information from the NTA about the number of wrongdoers identified so far and the methodology adopted for it.
The court directed the investigating officer of the CBI, which is conducting a probe into the allegations of malpractices, OMR sheet manipulation, impersonation and cheating, to place before it a report indicating the status of the probe as on Monday.
It said the NTA must disclose the steps taken so far for the identification of beneficiaries of wrongdoings. The bench asked the NTA to apprise it about the steps taken to identify the centres and cities where the question paper leak took place, the modalities followed for identifying the beneficiaries and their numbers ascertained so far. CBI has arrested a person in connection with alleged manipulation in NEET-UG in Maharashtra's Latur.
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