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Supreme Court is hearing the plea challenging the order of HC allowing an examination of two NEET students [LIVE UPDATE]

By LawStreet News Network      12 November, 2021 01:31 PM      0 Comments
challenging the HC order Neet examination

Supreme Court is hearing the plea by Centre challenging the order of HC allowing an examination of two NEET students who had answer sheets mixed up

SG:16 lacs students appear, there may be some error somewhere but that cannot be the cause of having re-examinations

Adv Sudhanshu Choudhari: The invigilators have accepted on affidavit that they distributed wrong answer booklets and how they state that it was their first time as invigilators. Such wrong answer booklets were distributed to 6 students

SG Tushar Mehta: we will match the answers with the correct question booklets

(This is the case where the top court had paved the way for declaration of NEET UG 2021 results)

Choudhari: Instead of approaching this court, reexaminations could have been conducted for these two students. answer sheet of all students are published on website except these two students.

SG: Every paper is different and the chronological order is different thus with every paper is an answer sheet. So here what we have done is : the answer key will be implemented as per sequence of question given as per test booklet

SC ORDER: The two students have filed writ petitions before the Bombay HC seeking a direction to the petitioner to re-examine them by conducting a separate NEET exam before declaring results for admission to UG medical courses

SC ORDER: At the time of distribution of question papers and answer booklets, there was a mix-up and different booklets and answer sheets which did not match the code were given to the two students

SC ORDER: As per instruction to students, the two students reported the mix up to the invigilators. The invigilators did not rectify the mistake pointed out by respondent 1 and 2 and with short time left the students completed the paper

SC ORDER: Respondent 2 filed a plea before the High Court. a suggestion was made on behalf of central govt that the answer key shall be implemented for evaluating the 6 candidates in whose case there was a mix up as per sequence of Q in test booklets

SC ORDER: On October 20, the High Court disposed off the writ petition directing the petitioner to hold a fresh exam for the two students and declare the results within 2 weeks.

SC ORDER: Aggrieved the Centre has filed this SLP, on October 28 this court stayed the impugned judgment of the HC. On that day, we requested the SG suggest the course of action to be adopted in respect of the two students

SC ORDER: We are informed that results of NEET UG has been announced. The SG submitted that the answer sheets of the two students have been corrected on the basis of the suggestion that was given by the petitioner to the High Court.

SC ORDER: Without insisting on test booklet code being different, the answers given by the petitioner have been corrected. He submitted that fresh exam will be conducted for the two students as directed by the HC. There is already another candidate who has approached HC

SC ORDER: Mr Choudari refers to HC order to submit that undisputedly there is gross error committed by the invigilator and distribution of paper booklet and the answersheet.

SC ORDER:  After having accepted the mistake committed, it is submitted that 2 students have excellent academic record and they cannot be made to suffer and that thy answered the remaining questions under stress.

SC ORDER: There is no dispute that there was a mix up in distribution of the answer sheets and the test booklet where the code was different.

SC ORDER: realising that wrong answer will attract negative marks the 2 students pointed it out to the invigilators that correct answer sheets with proper code has to be given to them.

SC ORDER: We have perused the results of the two students on the material produced by the SG on October 28. They have attempted most of the questions. no negative marks have been given to them.

SC ORDER: However we find substance in submission of Mr Choudhari that with loss of precious time the two students could not answer all the questions and we also appreciate the state of mind of the 2 students.

Though we sympathise with the cause of the two students. we find it difficult to order the reexamination of the two students. Thus we set aside the direction of the HC to conduct fresh exam for the two students: SC ORDER

SC ORDER: We feel sorry, but we cannot do anything.

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