SC pulls up NTA, seeks steps to fix exam mess
The Supreme Court has taken the National Testing Agency (NTA) to task for ‘mishandling’ National Eligibility cum Entrance Test-Undergraduate (NEET-UG) 2024.
The Supreme Court has taken the National Testing Agency (NTA) to task for its mishandling of this year’s National Eligibility cum Entrance Test-Undergraduate (NEET-UG), emphasising that while the integrity of the exam was not entirely compromised, serious lapses by the body raised concerns about the fairness and reliability of a botched process that was further marred by allegations of paper leaks and widespread malpractice.
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In a detailed judgment released on Friday -- days after the court rejected multiple petitions demanding a NEET-UG retest -- the bench led by Chief Justice of India Dhananjaya Y Chandrachud also proposed a series of structural reforms aimed at overhauling the examination process to restore public confidence and rectifying the “serious lapses” in the NTA’s administration.
This included tamper-evident packaging for question papers, use of secure logistics providers, stringent identity checks, data security protocol, regular audits and surprise checks. and installation of comprehensive CCTV surveillance systems at all examination centres, among others.
By an order on July 23, the court had turned down a plea for retest, underlining that the material on record did not show any “systemic breach” while adding that the detailed judgment would come later. The premier medical entrance examination was conducted in May at 4,750 centres across 571 cities in India and 14 cities overseas, with over 2.3 million students competing for 108,000 seats. But weeks later, the exam was engulfed in chaos, with thousands of students demonstrating against allegations of question paper leaks, inflated marking, and arbitrary allowance of grace marks. The controversy rocked Parliament and forced the government to postpone a string of other exams.
In its 63-page judgment released on Friday, the bench, which also comprised justices JB Pardiwala and Manoj Misra, highlighted that the fairness and reliability of NEET are paramount, particularly given the critical role the exam plays in shaping the careers of future medical professionals.
“Any compromise in the merit-based selection process jeopardises the quality of health care as well as the careers of aspirants. The fairness and reliability of the examination system cannot be such that public confidence is lost,” stated the bench, expressing deep concerns over the numerous lapses in the exam’s administration and mandating a series of reforms.
To ensure that NTA adhered to these reforms, the bench expanded the remit of a committee constituted by the Union government to investigate and address the structural issues identified in the judgment. The committee, originally tasked with reviewing the conduct of the NEET-UG 2024 exam, has now been directed to include these additional reforms in its recommendations.
The seven-member committee, chaired by former Isro chairman Dr K Radhakrishnan, has been tasked with making recommendations on the stringent security protocols. Additionally, the court emphasised the need for enhanced identity verification measures to prevent impersonation and urged NTA to conduct regular audits and surprise inspections of exam centres.
“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,” held the bench.
The court granted an extension for the committee’s report, now due on September 30, 2024, and instructed the Union education ministry to implement a plan of action based on the committee’s findings within a month of receiving the report. The ministry was also directed to report its compliance with these directions to the court, ensuring that the reforms are not only proposed but also effectively implemented.
The Supreme Court’s judgment is a clear signal that the administration of national-level exams such as NEET must meet the highest standards of security and fairness. The court’s intervention aims to restore public confidence in the examination system, ensuring that future exams are conducted without the lapses and irregularities that plagues NEET-UG 2024.
The judgment detailed multiple instances of mismanagement and security breaches during the NEET-UG 2024 exam, holding that the “situation highlights several administrative and procedural flaws within NTA’s management of the exam”.
“The court is cognisant of the fact that national-level exams with participation from tens of lakhs of students 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. Multiple occurrences in the conduct of the exam prompts the court to make these observations.”
The bench noted that exam papers were leaked in Patna and Hazaribagh, and that “unauthorised persons were permitted to access the question papers” - a clear indication of the NTA’s failure to implement stringent security measures. This, the court remarked, “indicates that there is a serious lapse in security and that security measures which are stringent and effective must be implemented by NTA.”
Further exacerbating the situation was the revelation that question papers were transported using insecure methods, including e-rickshaws and private courier services, it noted. The court found this practice unacceptable for an exam of national importance, criticising NTA for relying on such “unsecure logistics providers”. Additionally, the court pointed out that NTA failed to specify a timeline for sealing Optical Mark Recognition (OMR) sheets after the exam, leaving room for potential tampering.
In one of the most alarming instances, the court noted that “question papers stored in Canara Bank were wrongly distributed to candidates” at multiple centres instead of the correct set stored in SBI. This mix-up, the court said, either indicated gross irresponsibility on the part of the city coordinators or a breakdown in communication between the NTA and the custodian banks. The court emphasised that this was a critical error that should never have occurred and added that “neither Canara Bank nor SBI appear to have been notified as to whether the papers in their custody were to be released.”
“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,” said the bench.
The court also expressed concern over the drastic reduction in the number of top scorers after compensatory marks were removed and a retest was conducted. Initially, 67 candidates had achieved a perfect score of 720/720, but after adjustments were made, this number dropped to just 17.
“It is a matter of serious concern that this number fell from 67 to 17 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,” it said.
The bench also pulled up NTA for its turnaround when two different committees of the agency concluded differently about awarding compensatory marks to 1,563 students for loss of time. The first committee decided in favour of compensatory marks while the one set up later in the wake of outrage held otherwise.
“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,” said the bench.
It added that all instances of the use of unfair means must be dealt with firmly, including at a few towns or cities that have become hubs for classes which train candidates for such competitive exams.
The Supreme Court mandated a comprehensive overhaul of the NEET process, outlining a series of reforms. A key directive is the tightening of security protocols throughout the examination process.
To prevent incidents like the one at Canara Bank, the court recommended that NTA enforce strict protocols for the transportation, storage and handling of question papers, suggesting the use of “tamper-evident packaging and secure logistics providers” as necessary upgrades.
The court also called for stricter procedures for verifying candidate identities to prevent impersonation. It further stressed that “enhanced identity checks at various stages of the exam” should be implemented, including technological innovations, while also ensuring compliance with privacy laws.
Another significant reform proposed by the court is the installation of comprehensive CCTV surveillance systems at all examination centres. The court underscored the importance of “real-time monitoring and recording of all activities” at these centres to deter and detect any malpractice or unauthorised activities. Regular audits and surprise inspections of examination centres were also recommended to ensure adherence to security protocols.
The judgment further addressed the need for advanced data security protocols to protect examination materials from unauthorized access and potential leaks. The court recommended that NTA adopt robust encryption methods and secure data transmission practices. It also suggested the implementation of digital watermarking and tracking technologies to trace any leaks and identify the sources of unauthorised access.