In a recent order, the Supreme Court dismissed a review petition filed against its July 23 judgment in which it had refused to order re-examination of NEET-UG 2024, saying that a reexamination cannot not be justified on the basis in the available material. in the registry.

A bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Maoj Misra rejected a petition seeking review of the sentence. The court also rejected the request to present the appeal for review in public hearing.

The high court’s verdict on July 23 held that the fact that paper leak occurred in the NEET-UG exam in Hazaribagh and Patna is not in dispute.

CJI DY Chandrachud, while passing the order, said that the court realizes that conducting a fresh NEET-UG for the current year would be fraught with serious consequences affecting more than 24 lakh students who appeared for this exam and would cause an interruption in the admission schedule.

He further added that a new test will also have a cascading effect on the course of medical education, an impact on the availability of qualified medical professionals in the future and a serious disadvantage to the marginalized group for whom reservations were made in seat allocation. .

He further added that a new test will also have a cascading effect on the course of medical education, an impact on the availability of qualified medical professionals in the future and a serious disadvantage to the marginalized group for whom reservations were made in seat allocation. .

“Therefore, we are of the view that ordering cancellation of the entire examination is not justified in applying settled principles proposed by this court on the basis of the material on record,” the CJI said.

The top court took note of the CBI status report dated July 10, 2024 and July 21, 2024.

The order noted that the CBI disclosures indicate that the investigation is still going on; However, the CBI status report at this stage indicates that around 150 students appear to be the beneficiaries of the fraud. The court said that since the investigation has not come to an end, this court had asked the Center to show whether any trend showed a leak or a red flag across the Center indicating widespread leak. Pursuant to which the Center provided the IIT-Madras report.

“The court has independently examined the data… At the present stage it is not possible for the court to come to a conclusion showing that the results of the examination are flawed,” the CJI said while pronouncing the verdict.

The court held that the data recorded is not indicative of a systemic leak of the question paper that would indicate a disruption of the sanctity of the exam.

The top court further said that tainted students can be differentiated from non-tainted students in this case and if investigation reveals more number of beneficiaries, action will be taken against such student at any stage irrespective of the completion of the counseling process.

“No student revealed to have been involved in this fraud or a beneficiary would be entitled to claim any vested right in continued admission,” the top court said.

The court also directed the NTA to recount the exam result based on the correct answer to a 4-marker “ambiguous question” in the 2024 NEET-UG exam, where the NTA awarded marks to all students who marked the option 4 or option 2 as the correct answer. One answer was correct based on the old NCERT and another based on the new NCERT.

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