Introduction
Each year, lakhs of students apply for the NEET (National Eligibility Entrance Test) examination, an annual examination that is conducted to recruit the students to the different medical colleges of the country. This year the exam caused huge controversy with regard to the allegation of paper leaks before the examination and also due to the improbable scores that were received by various students.
The attitude towards these prestigious and important examinations, which determine the career of lakhs of aspirants, where each student puts years of hard work, sincerity, labor, childhood, and everything, not only doubts the credibility of these exams but also puts the country’s future at a stake. It is a betrayal to the lakhs of aspirants.
Accordingly, the case reached the Supreme Court, praying for the direction that the whole process of examination must be conducted afresh. The NEET exam is not the single examination in the last few years to arouse the huge controversy with respect to the paper leak and some internal mishaps. Recently, other examinations like the UGC NET and REET examinations in Rajasthan have also drawn the public’s attention for the alleged irregularity in the selection process.
The present law note aims to present before the readers the decision of the Supreme Court with respect to the alleged paper leak of the NEET examination, NEET judgment, and also how cheating and instances of paper leakages are regulated in India and also to discuss the law on paper leakage cases.
NEET paper leak and NEET judgment
The petition was filed with the Supreme Court in the case of Vanshika Yadav v. Union of India and Ors. (2024). In this case the anoamalies were presented before the Supreme Court regarding the paper leakage and the genuine improbable scores that were scored by some students.
The petitioners sought the relief of re-conducting the whole examination process. The Supreme Court, on the basis of the allegations, framed the following issues:
- Whether the whole examination must be reconducted?
- Whether the results of students who have alleged to have committed the fraud may be segregated on the basis of other untainted students?
Observations made by the Supreme Court in NEET Judgment
The Supreme Court observed that
- Around 155 students in Bihar and Jharkhand were befitted from the fraud, according to the disclosure made by the CBI.
- However, no evidence was recorded as to how the entire selection process was vitiated or tainted. Also, there was no systematic paper leak, which would affect the sanctity of the examination.
- If the investigations have established that a large number of students were involved in the process, then it would have been the ultimate direction to direct reconduction of the whole examinations.
- Since the entire process was not vitiated, it is possible to segregate the results of students who have benefited from the fraud from the others. Doing the entire process again would do injustice to the students who were fair in their process of examinations and have scored well.
- Therefore, the whole examination can’t be scrapped.
What penalties are prescribed for paper leaks? What is the law on paper leaks in India?
Paper leaks and the use of unfair means in the examinations have become a common phenomenon. Therefore, at this stage, it becomes imperative to analyze the law on this subject.
Recently in India, considering the large stage paper leak cases and internal mishaps in the examinations, the Prevention of Unfair Means Act, 2024, has been passed, which provides stricter punishments for these instances of paper leak. It includes offenses such as unauthorized disclosure of papers, tampering with answer copies, etc.
It is to be noted that the issue of regularization of examinations falls under the state list, and various states in India have formed their respective laws to regulate the issue of paper leaks and promote transparency in public examinations.
For example, the State of Rajasthan has enacted the Rajasthan Examination (Measures for Prevention of Unfair Means in Recruitment Rules), 2024. This bill on becoming an act will provide the stricter punishment of 10 years on the paper leak.
Punishment in other laws for adopting unfair means in examinations
Apart from specific acts that have been enacted to prevent the usage of unfair means in examinations, there are other general laws also in which charges may be framed. For example, charges may be framed for foregery or cheating under Bhartiya Nyaya Sanhita. Additionally, if tampering has been done online or in an electronic mode, then the Information Technology Act shall be applicable.
Exam-specific rules are also applicable. For example, exams such as Rajsthan Judicial Services and other judicial and administrative services then have their own exam rules like the Rajasthan Judicial Services Rules, 2010, which debar a candidate permanently from the recruitment process.
Analysis of laws to combat unfair means in the examination
The implementation of laws is necessary, just as is the enactment of laws. Today, India does have sufficient laws to deal with the paper leak in the examinations. However, since most of the time high-ranking people are involved in the process, no action is taken against them, and they are not required to face the process.
Therefore, sometimes it is not the law that must be strengthened, but its implementation has to be made stricter.
Conclusion
Students or aspirants put their years of hard work, labor, time, efforts, and hopes into preparing for the competitive examination. It is so unfortunate that the people in power have made a farce of the entire selection process. This not only jeopardizes the future of a student but also the future of the nation as well. It evades the faith of students in the state-based competitive examinations and has the tendency to disrupt the whole working of the system. Therefore, stricter measures must be adopted to find a permanent solution to the problem, which lies in the effective implementation of laws without any bias.
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