NEET UG 2024: How the NTA Misled the Supreme Court

NEET UG 2024 - The National Eligibility cum Entrance Test Undergraduate has become embroiled in controversy due to large scale irregularities, leading to embarrassment for the Union Government. The exam, conducted by the National Testing Agency (NTA), was marred by allegations of paper leaks, impersonation, and widespread malpractices, triggering outrage among students and parents nationwide.

The NEET UG 2024 examination was conducted by the NTA on 5 May 2024. It was a massive logistical operation, held at 4,750 centres in 571 cities, including 14 international locations. The examination was available in 13 languages to accommodate the diverse linguistic backgrounds of candidates across India. With over 24 lakh candidates registered and over 23 lakh appearing for the exam, the scale of NEET UG 2024 was unprecedented​​​​.

The results of this examination were declared on 4th June 2024. However, due to the reported irregularities, a re-test was held for 1,563 candidates on 23rd June 2024, and the results for these candidates were announced on 30th June 2024. 

The Controversy Unfolds

The NEET-UG 2024 exam faced scrutiny when reports emerged that the exam paper had been leaked before the test commenced. This revelation sent shockwaves through the education sector, prompting protests from students demanding accountability and a fair re-examination. The alleged irregularities have put the Union Government in a tight spot, with questions raised about the integrity of the examination process.

One of the most damning pieces of evidence came from the fact that several top-ranking students hailed from the same exam centre, raising suspicions of coordinated cheating and malpractices. Reports also indicated that the paper leak industry is estimated to be worth ₹2,500 crore, highlighting the magnitude of the problem​​​​.

The issue soon reached the Supreme Court, where a series of petitions were filed demanding a re-examination for all candidates. During the hearings, the NTA faced accusations of misleading the court by downplaying the extent of the irregularities. 

NTA’s Counter Accessed

The Probe has exclusively accessed the counter filed by the National Testing Agency on behalf of the Union of India before the Supreme Court. The affidavit, signed by Varun Bharadwaj, Director of Higher Education in the Ministry of Education, outlines the government's position in response to the allegations of misconduct.

The counter affidavit begins by acknowledging the seriousness of the issue, stating that "the Union of India is not taking the present litigation in an adversarial manner and fully appreciates the concerns of the candidates who have taken the NEET UG 2024 examination." 

The affidavit emphasises a "solution-oriented approach," asserting, "The Union of India remains committed towards protecting the interests of lakhs of students who have attempted the question papers fairly and after years of hard work." 

However, as the document progresses, the government's tone shifts to a more defensive stance. 

Government's Defensive Stance on NEET UG 2024 Irregularities

In response to the mounting allegations of malpractice in the NEET UG 2024 examination, the Union Government has stated in its counter that it had asked the Central Bureau of Investigation (CBI) to thoroughly investigate the issue. Despite this, the government maintains a firm stance against the notion of cancelling the examination results. According to the government's counter-affidavit, the absence of substantial evidence pointing to a large-scale breach of confidentiality across the country negates the rationale for annulling the entire examination and its declared results.

The government emphasises that any examination creates competing rights among candidates, balancing the interests of those who have adhered to the rules against those who may have engaged in misconduct. The affidavit asserts that "scrapping the exam in its entirety would seriously jeopardise the lakhs of honest candidates who attempted the question paper in 2024" without resorting to any alleged unfair means. The government argues that such drastic action would unfairly punish the vast majority of candidates who prepared diligently and took the test without engaging in any form of cheating​​​​.

This stance has sparked significant debate among legal experts, students, and educators. Critics argue that while the government aims to protect the rights of honest candidates, it may be overlooking the critical need for accountability and transparency in addressing the allegations of widespread malpractices. The decision not to re-conduct the examination has drawn sharp criticism, with many questioning the effectiveness of the government's solution-oriented approach​​​​.

The government has also said it has initiated measures aimed at restoring credibility and ensuring transparency in future exams. “The Ministry of Education has constituted a High-Level Committee of Experts tasked with proposing effective strategies for conducting transparent, smooth, and fair examinations by the National Testing Agency (NTA). This committee is chaired by Dr. K Radhakrishnan, former Chairman of ISRO and Chairman of the Board of Governors at IIT Kanpur. It is expected to submit its report within two months​​​​,” read the counter accessed by The Probe.

The Committee's mandate includes recommending reforms in the examination process, improving data security protocols, and enhancing the structure and functioning of the NTA. The government has also noted that to further reinforce the integrity of examinations, the government has enacted the Public Examination (Prevention of Unfair Means) Act 2024. This legislation, effective from 21st June 2024, aims to curb malpractice in public examinations by introducing stringent penalties for offences related to unfair means. The corresponding rules were notified on 23rd June 2024, detailing the legal framework designed to uphold the sanctity of public examinations​​.

The government asserts that these measures reflect its unwavering commitment to protecting students' interests and ensuring the credibility of public examinations. By implementing these reforms, the Ministry of Education seeks to prevent future irregularities and maintain public confidence in the examination system​​​​.

However, what the government does not reveal before the court are the specific cases related to paper leaks and the ensuing investigations in several states. The affidavit conspicuously omits details about these ongoing investigations, focusing instead on denying large-scale irregularities. By brushing off the allegations, the government justifies its decision not to conduct a retest, stating that, in the absence of evidence, it is not advisable to invalidate the exam results. This omission has drawn criticism from various stakeholders who believe that the government's response lacks transparency and accountability

Government's Letter to the CBI

The Probe has accessed a letter written by the Ministry of Education to the Deputy Inspector General (DIG) of the Central Bureau of Investigation (CBI), revealing the government's internal findings and requests for a comprehensive investigation into the NEET UG 2024 examination irregularities.

The letter outlines the NTA's role in conducting NEET-UG on behalf of the Ministry of Health and Family Welfare as a uniform entrance-cum-eligibility test for admission to undergraduate medical courses in India. 

According to the letter, the Ministry of Education speaks about incidents of malpractice in two states, which prompted the request for a CBI investigation​​​​. The letter details specific cases of impersonation and collusion between examination functionaries and candidates at certain centres. Notably, it mentions instances where OMR sheets were tampered with to favour select candidates and highlights a likely compromise in the chain of custody of question papers. The letter further reveals that those involved have attempted to destroy evidence,  complicating the investigation​​​​.

In light of these findings, the Ministry of Education has requested the CBI to investigate the full scope of alleged irregularities, including conspiracy, cheating, impersonation, breach of trust, and destruction of evidence by candidates, institutes, and middlemen. The letter also urges the CBI to examine the potential involvement of public servants in these activities and to uncover any larger conspiracy related to the examination​​​​.

Government's Contradictory Stance

The government's handling of the NEET-UG 2024 controversy reveals a striking contradiction. On one hand, the government has assured the Supreme Court that there were no large-scale irregularities, insisting that the examination results should stand and that a re-test is unnecessary. This position suggests confidence in the integrity of the examination process despite isolated incidents. On the other hand, the Ministry of Education's letter to the CBI requests an extensive investigation to "bust the whole racket," probing for a larger conspiracy and potential involvement of public servants. This request implies serious concerns about systemic issues and possible widespread malpractice. If the government truly believes there was no significant irregularity, its insistence on a comprehensive CBI investigation raises questions. Why assert to the Supreme Court that there are no large-scale irregularities while simultaneously investigating whether a larger conspiracy exists? This inconsistency has sparked criticism, with many questioning the transparency and coherence of the government's actions in this high-stakes examination scandal.

The Same Pattern of Dismissal Continues

In its counter affidavit filed in the Vanshika Yadav case, the government's approach to the NEET UG 2024 irregularities remains dismissive, highlighting a troubling pattern of minimising the scope of the issues. Despite evidence of significant malpractice, the government limits its acknowledgment to only two centres in Patna and Godhra, effectively ignoring the broader implications and systemic nature of the problem​​​​.

The affidavit emphasises that the instances of malpractice are "confined to certain centres in two cities i.e., Patna and Godhra." The government dismisses other reports of irregularities, stating that they are isolated incidents without any correlation to the petitioners' claims. By framing these malpractices as isolated, the government downplays the potential for a larger, more coordinated effort to undermine the integrity of the exam​​​​​​.

In Godhra, the affidavit details a conspiracy orchestrated by a Deputy Superintendent of examination, Mr. Tushar Bhatt, who planned to alter OMR sheets to favour certain candidates. Although the local authorities successfully intercepted and prevented this plan, the government's description of the event as "nipped in the bud" minimises the severity and potential impact of such a breach​​.

Similarly, in Patna, a paper leak was identified where the culprits intended to use a sneaked question paper to tutor candidates during the exam. Despite acknowledging this, the government characterises the number of candidates affected as "minuscule," further downplaying the significance of the incident​​​​.

The affidavit repeatedly reassures the court that the NEET-UG examination process is not "vitiated" and that the results should not be set aside. The government argues that the career prospects of lakhs of students should not be jeopardised due to what it describes as "sporadic and scattered instances of unfair means." 

Moreover, while the government has requested the CBI to investigate possible larger conspiracies and the involvement of public servants, its courtroom narrative contradicts this by asserting there are no large-scale irregularities. This inconsistency raises questions about the seriousness with which the government is approaching the investigation and addressing the concerns raised by students, educators, and the public​​.

Godhra Collector’s Letter to NTA

The Probe has also accessed a letter from Ashish Kumar, the Collector and District Magistrate of Panchmahals in Godhra which addresses a serious incident involving malpractice during the NEET UG 2024 examination at a self-financed school in Godhra. This letter reveals key details about the attempted irregularities, the swift response by district authorities, and recommendations to prevent future incidents.

The letter begins by describing how the district administration was tasked with supporting the smooth conduct of the NEET-UG 2024 examinations. On the morning of the exam, the Collector received reports that Tushar Bhatt, a teacher at the exam centre, was suspected of planning malpractices that could compromise the exam's integrity.

In response to these reports, the District Education Officer, along with a police team, was dispatched to the exam centre to monitor the situation closely. The letter details how the authorities stayed at the exam centre until late in the evening, ensuring that the examination was conducted fairly. Despite their efforts, it was discovered that there had been a plan to interfere with the examination process, prompting a more detailed investigation​​​​.

The letter further reveals that Tushar Bhatt, who was in charge of the exam centre, admitted to conspiring with students to manipulate their OMR sheets. The authorities found evidence of this conspiracy in the form of chats and a list of 13 students involved, exposing a coordinated attempt to cheat.

Notably, a cash amount of Rs. 7 lakh was recovered from Bhatt's vehicle, indicating a financial motive behind the malpractice. The involvement of other individuals was also suggested, prompting the District Education Officer to file a First Information Report (FIR) to initiate a formal investigation​​.

The letter concludes with recommendations for improving examination security to prevent similar incidents in the future. The Collector suggests sealing OMR sheets in the examination room in the presence of students and under CCTV surveillance. Additionally, the Collector advocates for involving students in the sealing process by obtaining their signatures on the sealed covers.

The content of the letter from Ashish Kumar serves as a critical piece of evidence in understanding the scope of irregularities in NEET UG 2024 and the necessary steps to prevent such incidents in the future. However, many students and educationists believe that the incident in Godhra is just the tip of the iceberg. They argue that irregularities are not isolated incidents but are prevalent across multiple states during the conduct of examinations like NEET UG.

In the eyes of students and educationists, the scandal uncovered at the Godhra exam centre highlights a systemic issue that has persisted over the years. While the Godhra incident brought to light the active involvement of exam functionaries and the attempt to manipulate results, similar stories of malpractice have emerged from various states. From paper leaks to impersonation and bribery, these irregularities have become an unfortunate hallmark of competitive exams in India​​​​.

The NTA, responsible for conducting the exams, has often been criticised for its dismissive approach towards such allegations. Critics argue that the NTA's tendency to downplay irregularities as isolated incidents fails to address the root cause of the problem. Instead of acknowledging the widespread nature of these issues, the NTA often focuses on protecting its reputation, which inadvertently perpetuates a culture of negligence and inaction​​​​.

Government's Embarrassment

The Union Government's handling of the NEET UG 2024 controversy has been criticised heavily. Despite the Centre's affidavit stating that no large-scale irregularities were found, public confidence has waned. The situation has become a major embarrassment for the government, with calls for more stringent measures to prevent such incidents in the future.

The decision not to re-conduct the exam has been defended by the government as a means to protect the integrity of the examination process for the 24 lakh students who took the test. However, this stance has not alleviated concerns about fairness and transparency​​.

The NEET scandal reveals a systemic issue within India's examination framework, where loopholes and malpractices have become all too common. As the Supreme Court continues to hear petitions and investigations unfold, the onus is on the Union Government and the NTA to restore faith in the examination process. The controversy serves as a wake-up call for authorities to implement strong measures that ensure the sanctity of one of India's most critical entrance examinations​​​​​​.