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The Supreme Court on Monday – fielding fierce political and legal arguments over claims the exam paper for the 2024 NEET-UG test, for admission to undergraduate medical courses was leaked – also heard a challenge to a single question – No. 29 – that a petitioner alleged had ambiguous choices.
The consequences of this ambiguity, the petitioner argued, were significant in the context of a competitive exam that also has negative marking for incorrect answers. The consequence was also that 44 students, who opted for the 'incorrect' answer, had been awarded 'grace marks' and scored 720/720.
The petitioner opted not to answer the question and scored 711 out of 720.
Her argument was that had the National Testing Agency, the central agency that conducts this exam, refused to give marks for that question, the petitioner would have scored in higher percentiles.
Instead, the NTA gave full marks to any who picked either "ambiguous" option.
"…by giving marks to those who answered even 'option 2', you are increasing the number of toppers… (this is) her argument," the bench led by Chief Justice DY Chandrachud said.
The court, recognising the petitioner's argument as a powerful one, pointed to the NTA's pre-exam instruction – to follow a new, revised edition of the textbook. If 'option 4' is the correct answer as per the latest NCERT textbook, then how could those who answered 'option 2' get full marks, it asked.
To resolve this issue the court sought the opinion of experts. "We request the Director of IIT Delhi to constitute a team of three experts… requested to formulate an opinion on the correct option."
This opinion, the court said, is to be submitted by noon tomorrow.
'Option 4' vs 'Option 2'
This section of today's hearing began with the petitioner pointing out she could not "assume there are two correct answers" and that marks would be awarded for either. It is logical, she said, there could be only one and, given negative marking, she opted to not answer rather than lose marks.
"I have done extremely well except for this question. I hold rank 311… If given four marks for this question, I will move up," she said, citing an earlier judgement in her request to delete the question.
The court then asked the NTA, represented by Solicitor General Tushar Mehta, "Why did NTA come to this conclusion… to give marks for both options?"
"Because both were possible answers…" Mr Mehta answered.
This, though, immediately disputed by the petitioner. "It is not possible. Option 2 says 'atoms of each elements are stable and emit their characteristic spectrum'. As per old NCERT textbook, it says 'atoms of each element…' but new book says 'atoms of most elements'. Both can't be correct."
Asked by the court, the NTA said students were expected to follow the new book, which gives 'option 4' as the right answer. Over 4.2 lakh students selected 'option 2' and got four extra marks.
"Representations From Poor Students"
The NTA, meanwhile, pointed to pleas from candidates from economically weaker sections. They could not afford to buy the newer books and had, therefore, studied from siblings' older books.
The court, though, refused to buy that argument, with the Chief Justice insisting that could not explain how an incorrect answer came to be recognised as also a correct one. "You could not have treated both as correct answers. You have to choose either option… both can't co-exist."
And, in another significant moment, the court told the NTA, "What is worrying us is that over four lakh students got the benefit of what you have done (i.e., opting to award marks for both answers)."
The larger hearing in this matter will continue Tuesday.
Re-Test Only If "Sanctity" Lost
The court wrapped up last week's hearing with a warning to petitioners seeking a complete re-test, saying, it would only order one if the "sanctity" of the May 5 exam had been "lost on a large scale".
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"You have to show us that the leak was systematic… that it affected the entire examination… so as to warrant cancellation of the entire exam…" the court told the petitioners.
NEET-UG Controversy
Controversy over the NEET-UG exam – attended by nearly 24 lakh aspiring medical professionals – broke last month after allegations the question paper had been leaked on social media.
The first red flags were the unusually high number of perfect scores; a record 67 students, including six from one coaching centre in Haryana's Bahadurgarh, scored 720. A re-test showed up a stark contrast, with no one scoring above 682. Questions were also asked over the award of ‘grace marks’.
READ | Why So Many NEET-UG Toppers? Exam Body’s Reply In Court
In an affidavit filed last week, the government, referring to the analysis by IIT Madras insisted there is no indication of "mass malpractice" nor evidence that some candidates had benefitted from cheating.
READ | CBI Arrests ‘Rocky’, Alleged Mastermind In NEET-UG Paper Leak Case
The CBI has been tasked with investigating this case and has filed six cases and arrested nine people so far. Last week Rakesh Ranjan, alias Rocky, who is seen as one of the ringleaders, was arrested.
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