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94Copy pinpoint94. That case, too, is distinct from the one before us. In Sachin Kumar (supra), the material before the Court was sufficient to lead to the conclusion that there was mass malpractice, which attacked the integrity of the exam at a systemic level. This is indicated by the fact that a large number of candidates in the zone of selection were from the same concentrated geographical region and that candidates from the same family were sitting in consecutive spots during the exam. There was also impersonation and the coordinated dilution of security protocols in that case. There was an abundance of material before the Court in that case. The same cannot be said to be true in the instant case. Hence, the ruling in that case cannot influence the outcome in this case. Moreover, in cases such as these, courts must take a holistic view of the facts before them and reach an independent conclusion. Different courses of action are appropriate in different circumstances. F. The conduct of NTA: Cause for concern

95Copy pinpoint95. While the various issues discussed until now do not lead to the conclusion that the integrity of the NEET was vitiated at a systemic level, the manner in which NTA has organised the exam this year gives rise to serious concerns. The Court is cognizant of the fact that national-level exams with participation from tens of lakhs of students

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require immense resources, coordination, and planning. But that is precisely the reason for the existence of a body such as NTA. It is no excuse to say that the exam is conducted in myriad centres or that a large number of aspirants appear for the exam. NTA has sufficient resources at its disposal. It has adequate funding, time, and opportunities to organise exams such as the NEET without lapses of the kind that occurred this year.

96Copy pinpoint96. Multiple occurrences in the conduct of the exam prompt the Court to make these observations. The paper was leaked in Patna and Hazaribagh. In one of the centres, the rear door of the strongroom was opened and unauthorised persons were permitted to access the question papers. This indicates that there is a serious lapse in security and that security measures which are stringent and effective must be implemented by NTA. Further, it came to light that the question papers were sometimes transported in e-rickshaws and that the services of private courier companies were availed of. Mr. Hooda, learned senior counsel for the petitioners, also rightly pointed out that NTA did not specify a time by which the OMR sheets were required to be sealed after the conclusion of the exam. In the absence of a stipulation in this regard, dishonest persons may tamper with the OMR sheets even after the candidates have submitted them and exited the exam hall. Another point of concern is that NTA relies on persons over whom it does not exercise direct oversight to be the invigilators for the exam. There are various methods which may be adopted to ensure appropriate oversight over invigilators and decrease the likelihood of the use of unfair means. All of these issues indicate that the security protocols must be tightened to decrease the possibility of malpractice and fraud and to lessen access by private persons to the question papers.

97Copy pinpoint97. In at least twelve centres, the question paper stored in Canara Bank was wrongly distributed to candidates. The question paper which should have been distributed was the one stored in SBI. In many centres, aspirants completed the incorrect question paper and were ultimately evaluated while in others, the relevant authorities realised the mistake and then distributed the correct question paper. This either indicates that the city coordinators were irresponsible and not fit for duty or that the information as to which question paper was to be distributed to candidates was not properly communicated to

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them. Certainly, neither Canara Bank nor SBI appear to have been notified as to whether the papers in their custody were to be released. As long as the city coordinators furnished proof of authorisation, the papers were released without question. The custodian banks have to be informed as to whether they should release the question papers in their possession. Had the custodian banks been informed whether or not to release the papers in their possession, the city coordinators would have been unable to collect the incorrect set of question papers, even if they made an honest mistake. NTA must consider the various possibilities and plan the protocol to be followed after careful consideration.

98Copy pinpoint98. The use of mobile applications to communicate with the relevant parties would permit real-time communication and allow NTA to inform the banks even a few minutes before the time at which the city coordinator was authorised to collect the papers. This would ensure that no unscrupulous persons from the custodian banks can take advantage of the information made available to them. NTA already uses a mobile application to communicate with the city coordinators and others so it would not be difficult to communicate with the custodian banks. Other modes of communication may be explored and adopted, as long as the custodian banks are informed whether to release the papers they have stored for safekeeping.

99Copy pinpoint99. The highest scoring candidates in a competitive exam usually have the option of gaining admission into the best institutions. It is consequential in more ways than one to be a candidate who obtains a perfect score. When the results were released, it appeared that sixty-seven aspirants had scored a perfect score of 720 / 720. After the removal of the compensatory marks and the conduct of the re-test for 1563 candidates, the number of persons who had a perfect score dropped to sixty-one. Subsequently, in the course of the hearing, we were informed that forty-four of the sixty-one top scorers had marked the incorrect option to the question in controversy. By its judgment dated 23 July 2024, this Court directed NTA to treat only one of the options as the correct answer and recompute the marks and ranks on the basis of this revision to the answer key. The necessary consequence of these directions is that the scores of the same forty- four aspirants will no longer be 720 / 720. The number of scorers with 720/720 marks then drops to seventeen. It is a matter of serious

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concern that this number fell from sixty-seven to seventeen during the course of the hearing. The intervention of the Court, reports by the media, and representations by candidates ensured that these changes were made in the interests of fairness and justice. However, the system adopted by NTA should be such that just outcomes are reached even when these external catalysts are not present. The system must be such as to inspire public confidence.

100Copy pinpoint100. Another aspect which is most unfortunate is the lack of responsible decision-making with respect to the 1563 candidates who were initially awarded compensatory marks. As noticed above, a committee constituted by NTA first recommended that the compensatory marks be awarded. However, as the controversy surrounding the award of these marks became more prominent, a second committee was constituted. This committee recommended the cancellation of compensatory marks and the conduct of a re-exam in their place for those students. A body such as NTA which is entrusted with immense responsibility in relation to highly important competitive exams cannot afford to misstep, take an incorrect decision, and amend it at a later stage. All decisions must be well-considered, with due regard to the importance of the decision. Flip-flops are an anathema to fairness.

101Copy pinpoint101. Intense competition amongst the aspirants coupled with the commercialisation of education has led to a few towns or cities becoming hubs for classes which train candidates for competitive exams. While these towns or cities may have a higher rate of success than some others, instances of malpractice at such centres should be treated on par with any other instance. All instances of the use of unfair means must be dealt with firmly.

102Copy pinpoint102. NTA is directed to ensure that all the concerns highlighted by the Court in this judgment are addressed. The committee constituted by the Union Government is also requested to keep these issues in mind while formulating its recommendations. G. Issues in the conduct of the examination and the remit of the committee constituted by the Union Government

103Copy pinpoint103. During the hearing, the petitioners urged that there were systemic flaws in the conduct of the examination and that a more thorough

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procedure needs to be put in place to ensure that malpractice is avoided. Given the crucial role of the examination in shaping the careers of future medical professionals responsible for public health, any compromise in the merit-based selection process jeopardizes the quality of healthcare as well as the careers of aspirants. The fairness and reliability of the examination system cannot be such that public confidence is lost.

104Copy pinpoint104. The formation of a committee is essential to thoroughly investigate and address the structural issues. A dedicated committee with suitably qualified experts can ensure a comprehensive review of the security measures, candidate verification processes, and the overall management of the examination. By identifying and rectifying vulnerabilities, such a committee will help restore trust in the examination system and implement robust safeguards to prevent future malpractice.

105Copy pinpoint105. The Court has been apprised of the fact that the Union Government has constituted a seven-member expert committee, chaired by Dr K Radhakrishnan, former Chairman, ISRO, consisting of the following members: “(i) Dr Randeep Guleria, Member (ii) Prof B J Rao, Member (iii) Prof Ramamurthy K, Member (iv) Shri Pankaj Bansal, Member (v) Prof Aditya Mittal, Member (vi) Shri Govind Jaiswal, Member Secretary”

106Copy pinpoint106. The remit of the Committee, in addition to the tasks that it has been entrusted with by the Union government and the NTA, shall encompass the following: a. Examination Security and Administration i. Evaluate and recommend reforms in the mechanism of administration of the exam. This includes ensuring rigorous checks and balances at every stage, from setting the question papers to declaring the final results;

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ii. Formulate standard operating procedures17 which set out the timelines for registration, changes to preferred cities, the sealing of OMR sheets once candidates submit them to the invigilator, and other processes related to the conduct of the exam. Once adopted by NTA, the SOP must be adhered to, to maintain the integrity of the exam; iii. Review the process by which exam centres are currently allotted to candidates and recommend any changes which may be required in the interests of fairness and transparency. The preferences of candidates may continue to be accounted for; iv. Recommend stricter procedures for verifying candidate identities, if required, with a view to preventing impersonation and ensuring that only registered and authorized candidates are allowed to take the exams. Such processes may include, but are not limited to, enhanced identity checks at various stages of the exam (such as registration, entry to the exam centre, and before the commencement of the exam) and technological innovations to prevent impersonation. All procedures should comply with laws on privacy; v. Consider the viability of comprehensive CCTV surveillance systems at all examination centers, including real-time monitoring and recording of all activities. The aim is to deter and detect any malpractice or unauthorized activities and to provide evidence in case of incidents; vi. Review and suggest enhancements for the processes for the setting, printing, transportation, storage, and handling of question papers. This may include tamper-evident packaging and using secure logistics providers to prevent unauthorized access and leaks during critical phases. The viability of utilizing closed vehicles with locks and real-time tracking systems rather than e-rickshaws may be considered;

17 “SOP”

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vii. Consider the viability of conducting regular audits and surprise inspections of examination centres. This is to ensure compliance with established security protocols, identify and address potential vulnerabilities or lapses in the system, and ensure that all centres adhere to the highest standards of examination security; and viii. Recommend the development of a robust grievance redressal mechanism. This should allow candidates to report any irregularities or issues promptly; b. Data Security and Technological Enhancements i. Research and suggest advanced data security protocols, including encryption and secure data transmission methods. These measures should protect examination materials from unauthorized access and potential leaks, ensuring that all sensitive information remains secure; ii. Recommend systems to monitor and track digital footprints related to the examination materials. This might include digital watermarking and tracking technologies to trace the origin of leaked documents and identify potential breaches in the electronic dissemination process; iii. Consider how regularly cybersecurity audits and vulnerability assessments must be conducted to identify and address potential weaknesses in the electronic dissemination and storage systems. These audits should evaluate the effectiveness of current security measures and recommend improvements based on the latest cybersecurity trends; and iv. Explore technological innovations to enhance examination security and efficiency. This could include advancements in digital authentication, secure online platforms, and other emerging technologies that can safeguard against potential threats; c. Policy and Stakeholder Engagement i. Review and recommend updates to the policies and SOPs of NTA to align with best practices, ensuring that the agency is equipped to handle evolving challenges in examination security;

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ii. Establish a transparent communication strategy to keep all stakeholders, including candidates, educational institutions, and the public, informed about the measures being taken to ensure the integrity and fairness of the examination process as well as of the response of NTA to any malpractice which is identified; iii. Recommend the implementation of a comprehensive communication strategy to keep all stakeholders involved in the process — including banks, examination centres, and logistical partners — well-informed. This strategy should detail the protocols for secure transportation, storage, and handling of examination materials, and ensure regular updates on any issues or changes; and iv. Recommend measures to address and mitigate any socioeconomic disparities that may affect candidates’ ability to participate in or benefit from the examination process. This might include providing support and resources to underprivileged candidates to ensure equal opportunities and reduce barriers to entry; d. Collaboration and International Cooperation i. Consider the viability of NTA engaging in international cooperation with examination bodies and educational authorities from other countries to share best practices, security measures, and innovative solutions; and ii. Suggest the creation of a management framework to identify, assess, and mitigate potential risks related to examination security. This framework should include protocols for assessing risks, contingency plans, and strategies for dealing with unforeseen challenges that may arise during the examination process; e. Support and Training i. Recommend plans or strategies for the development and implementation of mental health support programs for students, including counselling services and stress management workshops. These programs should address the psychological impact of exams and also ensure the

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well-being of all candidates throughout the examination process. Qualified experts from relevant fields must be consulted for this purpose; and ii. Consider the viability of NTA conducting comprehensive training programs for all staff involved in the examination process (including but not limited to question paper setters, invigilators, and administrative personnel). These programs should cover security protocols, ethical standards, and the latest technology to ensure everyone involved is well- equipped to maintain the integrity of the examination.

107Copy pinpoint107. While carrying out its mandate, the committee must bear in mind the facts and issues highlighted in Section F of this judgment.

108Copy pinpoint108. The Ministry of Education constituted the committee by a notification dated 22 June 2024. The notification stated that the report of the committee shall be submitted within two months from the date of the issue of the notification. This would be 22 August 2024. However, in view of the expanded remit of the committee in terms of this judgment, additional time may be required for a holistic report on various aspects related to the conduct of the NEET. Therefore, the report of the committee shall be submitted to the Ministry of Education by 30 September 2024. The Ministry of Education shall take a decision on the recommendations made by the committee within a period of one month from receiving the report. It shall prepare and begin to implement a plan of action on this basis. The Ministry of Education shall report compliance with these directions within two weeks of taking the decision on the implementation of the recommendations. H. Parting remarks

109Copy pinpoint109. The principal issue which the Court was concerned with in this case is whether the sanctity of the NEET was compromised this year and whether the process should be scrapped and a fresh test should be convened. Having answered the question in the above terms, it needs to be clarified that if any student, including in the present batch, has an individual grievance not bearing on the issues which have been resolved by this judgment, it would be open to them to pursue their rights and remedies in accordance with law, including by moving the jurisdictional High Courts under Article 226 of the Constitution. However, before moving the High Court for the grant

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of relief, the petitioners would have to seek the withdrawal of their petitions before this Court, if any have been filed.

110Copy pinpoint110. The transfer petitions at the instance of the NTA or any other party raising the issue as regards the validity of NEET in 2024 are allowed. The resulting transferred cases shall stand disposed of in terms of the above directions subject to the clarification that individual grievances, if any, that remain, may be addressed before the jurisdictional High Court. The interlocutory applications raising individual grievances are similarly permitted to be withdrawn with liberty reserved in the above terms.

111Copy pinpoint111. Nothing in this judgment shall be construed as a finding of fact in relation to criminal proceedings arising from the leak of the question paper or from other forms of malpractice. However, the ruling of the Court will not be relied on to refrain from prosecuting individuals found to have indulged in malpractice in any centres, irrespective of whether such fraud has already been identified or is identified in the future. Stringent action in accordance with law shall be taken against every candidate who is detected or who may hereafter be detected to have been the beneficiary of any malpractice.

112Copy pinpoint112. List before an appropriate Bench to verify compliance with the directions issued in this judgment.

113Copy pinpoint113. The Petitions shall stand disposed of in the above terms.

Result of the case: Petitions disposed of.

† Headnotes prepared by: Ankit Gyan