Case Title- Alakh Pandey vs. National Testing Agency & Others
Court- Supreme Court of India
Date of the Judgment- 8 July, 2024
Facts of the Case-
Alakh Pandey who is the CEO of Physics Wallah, filed a Public Interest Litigation in the Supreme Court regarding the examination of NEET UG 2024, it raises significant concerns about the integrity of the exam, especially in the awarding of grace marks to several students. The organization of the NTA has been accused of granting grace marks to over 1,500 candidates without any justification, which resulted in more than 70 to 80 marks being awarded randomly, which the CEO of Physics Wallah undermines the credibility of the examination process. The examination was scheduled and held on May 5, 2024, and was alleged to have been blemished by various malpractices, including paper leaks and inconsistent grading. Later the concern arose when we learned that 67 candidates received a perfect score of 720, including six students from the same exam center, which raised the suspension of irregularities.
Later The Supreme Court recognized the seriousness of the allegations and issued notice to the NTA and the also Ministry of Education but refused to halt the counseling process for those students who were affected. The Divison bench consisting of Justice Vikram Nath and Justice Ahsanuddin Amanullah heard about the issue. He urged the court to establish an independent committee to investigate the awarding of grace marks and the full examination process to maintain the integrity and transparency of the exam.
Issues Raised-
Randomly Awarding of Grace Marks
The integrity of the Result of the Examination
Allegations about the Paper Leaks
Lack of Transparency in the Procedures
Psychological Impact on the Affected Candidates
Request for the Independent Committee Investigation
The primary issue raised is the allegedly arbitrary awarding of grace marks to over 1,500 candidates in the examination. Pandey claims there was a discrepancy in the distribution of these marks; there was evidence which suggesting around 70 to 80 marks were awarded very randomly, and then he argues about the integrity of the examination process. Concerns raised about the integrity of the exam are due to the high number of students scoring perfects of 720, which was questioned as improbable given the established marking scheme. Lately, some students also scored between 718 and 719 marks, which is mathematically impossible due to the current grading system.
It later got complicated by the allegations of the paper leak. There are many complaints and calls for thorough investigations about the exam conduct. Comprehensive investigation to ensure the equitable treatment of all candidates and to clarify whether this type of practice was prevalent previously. He requested the establishment of an independent committee to thoroughly examine and review the process of the exam and grace marks.
Arguments from the side of Petitioner-
Challenging the Grace Mark Policy
Violations of Constitutional Rights
For Comprehensive Investigation
Deal with Question Leakage
Fair Evaluation of the exam
Request to conduct for re-exam
The awarding of Grace Marks to 1,500 candidates was inappropriate. The CEO of Physics Wallah asserts that the awarded grace marks would violate Articles 14 (Right to Equality) and 21 (Right to Life and Personal Liberty) of the Constitution due to the improper application of the normalization process. He raises serious allegations regarding the potential leaks of papers during NEET-UG 2024 and argues about maintaining the confidentiality of the exam. The petitioner argued that giving inappropriate grace has an effect not only on aggrieved candidates but also on the entire admission framework, which adversely affects disadvantageous qualified candidates. The petitioner requested a re-examination to uphold the integrity of the admission process, indicating the severity of the allegations of irregularities. This was necessary to ensure that all deserving candidates were fairly evaluated based on their actual performance.
Arguments from the side of Respondent-
The authenticity of Grace Marks Allocation.
Assent with the established procedures
No evidence of Irregularities
Importance of Exam Honesty
Legal standing of Petitioner
Regulatory framework for judicial review
Speed up investigative Actions
The respondent argues that the awarding of grace marks to many candidates was necessary and a measure to address the issues that arose during the examination. It was granted due to documented irregularities, such as candidates who were experiencing delays that were beyond their control. This formula was made to compensate for the time lost. Before implementing the decision, the agency conducted a thorough investigation and evaluation. The NTA dismisses the allegation that the investigation found no evidence of irregularities that would compromise the integrity of the exam. The exam was conducted with proper security measures, and the results reflect the performance of those who prepared precisely. Claims about the improbable results are characterized as unpredictable without substantial proof to support the allegations. Some measures were properly implemented, such as real-time monitoring and strict security protocols, to prevent unfair means. NTA argues that Alakh Pandey's standing does not qualify as a legal standing authority. This petition lacks merit under Article 226 of the Indian Constitution, as he is neither a candidate nor a guardian of a candidate. It raises doubts regarding its validity
.
Legal Provisions Involved –
It requires examination under Article 14, 21 of the Constitution. Provisions from the Public Examinations (Prevention of Unfair Means) Act, 2024 relevant to address integrity and fairness of examination.
Court Reasoning-
SSC has raised concern about the sanctity of the examination indicating the irregularities in the awarded grace marks and alleged paper leak. It issued notice and sought detailed responses emphasizing the need for transparency and integrity of the process and refused to pause the ongoing counseling for the admission.
Judgment-
The Hon’ble Supreme Court has ruled in favor of the Re-examination of the candidates who were getting inappropriately awarded grace marks, effectively canceling the previous scores. The decision arose of concerns regarding the fairness and integrity of the exam process, including paper leaks. Re-examination was scheduled for June 25, 2024, with results to be declared by June 30, ensuring subsequent counseling procedures as planned on July 6, 2024. It emphasized about transparent assessment process to uphold sanctity of medical admissions in India.
Ratio Decidendi-
SC held that awarding the grace marks by the organization lacked proper justification and transparency of the process, raising concern about the integrity of the examination process.
Obiter Dicta-
The Hon’ble Supreme Court has remarked on the significance of maintaining integrity in the competitive examination, which indicates that perceived irregularities can erode public trust in the academic system. The court highlighted the necessity of awarding grace marks and underscored that procedural fairness is important to uphold the principle of equality before the law, serving as a reminder for implications in the future.
Significance of the Case-
This case highlights critical issues around the integrity and transparency of the NEET-UG Examination process. Allegations about paper leaks and irregularities were necessary through investigation to restore the public confidence in the examination system. The SC has involved the underscore of the importance of judicial oversight in the educational assessment, ensuring that the merit-based admission process upholds.
Citation-
NEET row: EdTech firm moves SC, challenges award of grace marks, Published by the Siasat Daily, Published Date June 12, 2024
https://www.siasat.com/neet-row-edtech-firm-moves-sc-challenges-award-of-grace-marks-3043500/
Supreme Court Monthly Round-Up: June 2024, Published by Live Law, Published on July 07, 2024
https://www.livelaw.in/supreme-court/supreme-court-monthly-round-up-june-2024-262525
ALAKH PANDEY v. NATIONAL TESTING AGENCY, Supreme Court Of India, Judgment, Law, Published by Case Mine
Verdictum
https://www.verdictum.in/pdf_upload/159412023114244557order17-may-20231watermark-1503851.pdf
NEET-UG 2024: Physics Wallah CEO Challenges NTA's Grace Marks Decision in Supreme Court, Published by CG Law, Published on June 13, 2024
Intern at Nyaya Nishtha