NEET 2021: Supreme Court cannot order re-examination of two students

The Supreme Court on Friday quashed the Bombay High Court order directing the National Testing Agency (NTA) to conduct fresh examinations for the two. National Eligibility cum Entrance Test (NEET) 2021 Undergraduate candidates whose question paper and OMR sheet got mixed up at a center in Maharashtra. A bench of Justices L Nageswara Rao and BR Gavai said though it is sympathetic to their interests, it alone would be difficult for them to direct the re-examination.

“We have studied the results of respondents no 1 and 2 (students) and the marks assigned to them. They have attempted most of the questions… With the loss of precious time, they could not answer all the questions and we also appreciate the mental state of young students while writing the exam. Although we sympathize with their cause, we find it difficult to direct re-examination only for them. Therefore, we set aside the direction of the High Court directing the re-examination. The writ petition is dismissed,” the bench said. The top court was hearing an appeal filed by the NTA challenging an order of the High Court, which had directed it to conduct fresh examinations for two NEET graduate candidates.

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The High Court on October 20 directed the NTA, set up in 2018 to conduct NEET 2021 for admission to undergraduate medical courses, to conduct a fresh examination for two students and declare their results along with the main results of the examination held in September. Gave. 12. The High Court took cognizance of the fact that Test booklet and OMR sheet of two medical candidates Vaishnavi Bhopale and Abhishek Shivaji clashed at the examination center before the commencement of the examination and ordered that they should be given a chance to appear in the examination again.

The NTA, in its appeal, said that the NEET (UG) 2021 examination for over 16 lakh candidates has been conducted on September 12, and due to the High Court order it has not been able to declare their results even though it is the same. is ready for announcement. Delay in declaration of NEET (UG) 2021 result will affect and delay the subsequent process of admission to undergraduate medical courses i.e. MBBS, BDS, BAMS, BSMS, BUMS and BHMS courses, it had said in the petition.

Both the students said that the invigilators started distributing test booklets to all the students at the scheduled time at 1.50 pm. However, while distributing the test booklets, the test booklets fell and the OMR (Optical Mark Recognition) sheets in them fell and got mixed up, the petition said.

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The High Court, apart from ordering re-examination and staying the declaration of results, also directed that the NTA would give 48 hours to the petitioners to give notice about the date of the examination and the center allotted to the petitioners. Clarifying that the order would not be treated as a precedent, the High Court had also directed the NTA to issue necessary admit cards or permission to appear in the examination to be conducted in advance.

The NTA had said, “NEET was conducted on September 12 for 16,14,777 candidates, which included 3,682 centres, 9,548 center superintendent/deputy superintendent, 5,615 supervisors, 2,69,378 supervisors and 220 city coordinators in 202 cities.” Argument.

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