New Delhi:

The Supreme Court on Monday advised caution to a clutch of petitioners demanding a re-test of the May 5 NEET-UG exam, the results of which were released last month and have been affected by leaked question papers and the award of ‘grace marks’, or preferential marking, for 1,563 students.

The court said certain circumstances – specifically “(if) the time lag between the leak and actual exam is limited” – would argue against a re-test. “If students were asked to memorise (the leaked questions) on the morning of the exam then the leak might not have been so widespread…”

The three-judge bench led by Chief Justice DY Chandrachud said it therefore was loathe to order a re-test for nearly 24 lakh students – many of whom come from poor families and could ill-afford to spend money travelling to exam centres – unless necessary. A re-test is the “last option”, it said.

“One thing is clear… questions were leaked. The sanctity of the exam has been compromised… this is beyond doubt. Now we have to establish the extent of the leak,” the Chief Justice said, “We have to be careful while ordering a re-test. We are dealing with the careers of lakhs of students.”

“You don’t cancel an exam only because two students cheated. We must be careful…”

The Supreme Court said a re-test could only be ordered if there was sufficient time (the court did not specify how much this should be) between the leak of the questions and conduct of the exam.

“If time lag was too long then there needs to be a re-test… or, if we can’t identify candidates who are guilty of wrongdoing, then a retest has to be ordered,” the Supreme Court said.

On the subject of the time lag, the court also sought details about the printing of the question papers. And, in a humorous aside, also reminded the NTA to not reveal details about the process.

Therefore, instead of ordering an immediate re-test the court advised the constitution of a multi-disciplinary panel to probe this issue, which is already being investigated by the CBI and the police.

The court also rapped the government for being in “denial” and said it should be “ruthless” in dealing with candidates who paid for the leaked exam and those who supplied the question paper.

“Let us not be in self-denial about what happened…” the bench, also including Justice JB Pardiwala and Manoj Misra, said, adding, “Assuming we do not cancel, what will the government do to identify the beneficiaries? You have to be ruthless… bring some sense of confidence to the process.”

Earlier the court had been told question papers were available on social media, including popular messaging apps like Telegram, at least 24 hours before the exam was to begin. It acknowledged this point and said that if questions had been so leaked, it could have “spread like wildfire”.

Controversy over the NEET-UG exam broke last month after results were declared.

The first red flags were the unusually high number of perfect scores; a record 67 students, including six from one coaching centre, scored a maximum 720. Questions were also asked over the award of ‘grace marks’ – not exam protocol, the NTA said – to 1,563 students.

The NEET exam – held annually for admission to undergraduate medical courses – were conducted on May 5. Controversy over the exam – which nearly 24 lakh students took – broke last month after results were announced. The first red flags were the unusually high number of perfect scores; a record 67 students, including six from one coaching centre, scored a maximum 720. Questions were also asked over the award of ‘grace marks’ – not exam protocol, the NTA said – to 1,563 students.

Chief Justice of India D. Y. Chandrachud is felicitated with the ‘Award for Global Leadership’, at Harvard Law School, in Massachusetts, USA.
| Photo Credit: PTI

However bad a Constitution may be, it may turn out to be good if those responsible for its functioning happen to be a “good lot,” Chief Justice of India D. Y. Chandrachud said while citing B. R. Ambedkar and hailing his idea of constitutionalism as being responsible for dismantling deeply entrenched caste hierarchy in India.

The CJI made the observations during his keynote address at the Sixth International Conference on the ‘Unfinished Legacy of Dr. B.R. Ambedkar’ at the Brandeis University, Waltham, Massachusetts, in the U.S. on October 22.

The CJI highlighted the idea of constitutionalism of Ambedkar, who headed the committee tasked to frame the Indian Constitution and said it was instrumental in transforming Indian society by dismantling deeply entrenched caste hierarchy and promoting social, economic and political empowerment of marginalised groups.

“Ambedkar’s legacy continues to shape the constitutional values of modern India, serving as a beacon for social reform and the pursuit of justice for all,” he said.

He cited Ambedkar, who had said however good a Constitution may be, it is sure to turn out bad because those who are called to work it happen to be a bad lot.

“However bad a Constitution may be, it may turn out to be good if those who are called to work it happen to be a good lot,” the CJI said quoting Ambedkar.

The CJI, who is in the USA, was also felicitated with the ‘Award for Global Leadership’ by the Center on the Legal Profession, Harvard Law School on Saturday.

The announcement about CJI Chandrachud being chosen as the recipient of the award was made on January 11, 2023 in an online ceremony.

He was present at the Harvard Law School on Saturday for a fireside chat with David Wilkins, Professor at Harvard Law School and Faculty Director, Center on the Legal Profession.