NEET UG 2024 Paper Leak Case: Cheating or No Cheating?

If you aspire to become a doctor, NEET is the gateway. However, the recent controversy surrounding the alleged paper leak in NEET UG 2024, highlighted by perfect or near-perfect scores, has exposed vulnerabilities in the exam that many rely on to achieve their medical dreams. Originally managed by CBSE and now overseen by the National Testing Agency (NTA), NEET replaced individual college exams, aiming to reduce corruption through centralized control. The recent scandal brings several concerns to the forefront:

• Individuals, including a schoolteacher and an overseas educational consultant, were reportedly involved in assisting students in cheating on the NEET exam for significant sums of money. It was claimed that garbage was used during the exam to relay answers to candidates.
• The National Testing Agency (NTA) initiated an investigation after receiving numerous complaints from parents and students.

This incident has exposed significant vulnerabilities in the NEET examination protocols, which advocates one line of argument calling for immediate reform.

Factual Landscape: Balancing Disruption and Fairness

The NEET UG 2024 exam faced serious allegations of question paper leaks in certain cities. After reviewing the exam results, the Supreme Court acknowledged these incidents but rejected calls for a re-examination, citing a lack of evidence indicating widespread malpractice. The Court emphasized the need to consider the significant social consequences of ordering a retest, particularly for the large number of students who have invested time, effort, and financial resources in preparing for the exam. The decision required a careful assessment of the breach’s impact on the integrity of the examination process, ensuring fairness to all stakeholders.

This ruling underscores the Court’s delicate balancing act. While it did not overlook the severity of the leaks, the Court also recognized the disruption a re-examination would cause for hundreds of thousands of students. The Court was informed that First Information Reports (FIRs) had been filed in Delhi, Gujarat, Rajasthan, Jharkhand, and Maharashtra. Notably, while only a handful of students achieved perfect scores in previous years (one in 2020, three in 2021, one in 2022, and two in 2023), there was a sharp increase to 67 students securing a perfect score of 720 marks in 2024, raising concerns about the integrity of the exam.

Although Patna was highlighted as a focal point, the broader scope of the paper leak—whether it was confined to Patna or extended to other cities—remains under investigation. The filing of FIRs across multiple jurisdictions indicates that the situation warrants a comprehensive inquiry to uncover the full extent and implications of the leak. The investigation has since been handed over to the Central Bureau of Investigation (CBI) for further examination.

The Supreme Court’s Balancing Act: Securing Fairness and Accountability

The Supreme Court’s verdict implicitly considered various legal principles. The right to equality enshrined in Article 14 of the Indian Constitution guarantees a fair playing field for all exam participants. Paper leaks disrupt this fairness, potentially infringing upon students’ right to life and liberty under Article 21. However, the court also acknowledged the principle of judicial deference, where courts defer to the expertise of administrative bodies. Summary of the Court’s Decision in W.P. 335/2024:

1. Examination Overview: The NEET exam involved around 23 lakh students across over 4750 centers in India. The decision to order a retest depends on whether the breach affected the entire examination or was localized.
2. Assessment Parameters: The Court outlined three key factors for determining whether a retest is necessary:
   • Was the breach systemic?
   • Did it compromise the integrity of the entire examination?
   • Can the beneficiaries of the fraud be identified and separated from unaffected students?
3. Potential Retest: If the breach is widespread and cannot be isolated, a retest may be appropriate. However, if the breach is limited and identifiable, a retest may not be necessary, considering the massive scale of the examination and its impact on students.
4. Further Investigation Required: The Court deferred the final decision until more detailed facts are presented. The NTA and the Union Government must provide full disclosure on the nature, extent, and dissemination of the leak, as well as the identification of beneficiaries.
5. Investigation Details: The Court directed the Central Bureau of Investigation (CBI) to submit a status report detailing how the leak occurred, the mediums used (e.g., social media), and the extent of its impact.
6. Next Steps: The NTA must explain how it plans to identify those who benefited from the leak using data analytics and whether it is feasible to do so. The Union Government and NTA are also required to discuss steps taken to safeguard the integrity of future exams.

The Union education ministry had also constituted a high-level committee of experts to ensure transparent, smooth, and fair conduct of examinations. Headed by K. Radhakrishnan, former chairman of the Indian Space Research Organization (ISRO), the committee will have seven members on the committee, including the chairman. The committee will make recommendations on reform in the mechanism of the examination process, improvement in data security protocols, and structure and functioning of the National Testing Agency (NTA), which is responsible for conducting exams. The Committee will submit its report to the ministry within two months, a press release from the government said.

The New Paper Leak Act: A Deterrent with Teeth?

The paper leak issue has also triggered a legislative response. The Public Examinations (Prevention of Unfair Means) Act, 2024 is law passed in the Lok Sabha aimed at addressing the issue of malpractices in government recruitment examinations. It came into effect on 21st June 2024.

• Defines offenses related to unfair practices, such as paper leaks, fake websites, and collusion with service providers.
• Imposes severe penalties, including a minimum prison sentence of 3-5 years and fines up to Rs. 1 crore.
• Holds service providers accountable with fines up to Rs. 1 crore and a 4-year prohibition from participating in public exam conduct.
• Authorizes police officers at the rank of Deputy Superintendent or Assistant Commissioner of Police to investigate offenses under this Act.
• Applies to a broad range of central government recruitment exams, including those by UPSC, SSC, RRBs, IBPS, and NTA.

However, the effectiveness of this Act hinges on robust implementation. This requires inter-agency coordination, proper resource allocation for enforcement, and utilizing advanced technology to prevent leaks

Moving Forward: Challenges and Opportunities

While the Supreme Court’s verdict and the new legislation are positive steps, significant challenges remain. Effective implementation of the new act and the court’s directives is paramount. Addressing the root causes of paper leaks requires a multi-pronged approach. This could involve:

• Strengthening Exam Security: Implementing robust security measures at exam centers, including physical security upgrades and advanced surveillance technology.
• Regular Audits and Inspections: Conducting surprise inspections of exam centers and printing facilities to identify vulnerabilities.
• Improved Logistics and Management: Streamlining examination processes to minimize opportunities for leaks throughout the chain of custody.
• Raising Public Awareness: Educating students, parents, and the public about the consequences of leaking exam papers and the importance of upholding integrity.

Exploring the feasibility of online proctoring and secure digital question paper delivery systems could further enhance exam integrity.

Looking Beyond National Borders: Learning from Global Best Practices

United Kingdom: The UK has adopted a multi-faceted approach to combat exam malpractice. The Education Act 1997 provides a legal framework for addressing irregularities. Additionally, the Qualifications and Assessment Authority (QAA) has established strict guidelines for exam boards. Biometric identification, secure question paper storage, and invigilator training are key components of their anti-cheating measures.

United States: While there is no specific federal law addressing paper leaks, individual states have enacted legislation to protect the integrity of standardized tests. For instance, California has strict laws against cheating on standardized tests, including penalties for students and administrators involved in misconduct. Cheating on standardized tests like the ACT or SAT can have legal consequences, such as fines and jail time, depending on the jurisdiction and the severity of the crime.  The Electronic Code of Federal Regulations (e-CFR) states that applicants for knowledge tests cannot cheat or engage in other unauthorized conduct. This includes copying or removing a test, giving or receiving parts of a test, or receiving or giving assistance during the test. Cheating on a knowledge test could result in the applicant’s certificate being revoked or suspended, or their application being denied.

Singapore: Singapore has a zero-tolerance policy towards exam malpractice. The Ministry of Education has implemented stringent measures, such as electronic surveillance, random seating arrangements, and severe penalties for offenders.

The petition, along with movies like 12th Fail, raises a crucial question: Are we effectively addressing the issue of cheating? Why do students feel compelled to resort to such measures, and has the system ever truly examined the root causes while formulating plans to close these loopholes? Is the examination system truly foolproof in the eyes of honest and hardworking students? According to figures cited by The Economic Times, over 750,000 Indians went abroad to study in 2022, nearly double the number from 2018, based on federal foreign ministry data. The NEET UG 2024 paper leak is a stark reminder of the need for a robust response. A comprehensive strategy—combining stringent laws, advanced technology, and rigorous enforcement—is essential to eliminate paper leaks entirely. The Act aimed at curbing examination malpractices is a positive step, but its successful implementation is critical to achieving a fair examination system.

On Thursday, July 18, the Supreme Court directed the National Testing Agency (NTA) to release the results of all candidates who took the National Eligibility cum Entrance Test, Undergraduate (NEET UG) 2024 on May 5. The NTA had tasked IIT Madras with analyzing the data of the NEET UG 2024 candidates. The analysis found that “the marks distribution follows the bell-shaped curve typically seen in any large-scale examination, indicating no abnormality,” as reported by the Centre on August 25, 2024.

References:

1. Kartikey Choudhary (June 29), Education Exam Alert: Shocking Changes to NEET 2024
2. The Economic Times |NRI (2024, July 23), India’s ‘NEET’ medical exam scandal drives students abroad
3. Drishti IAS, (2024, June 24)Reforming Examination System in India
4. Supreme Court’s Judgment in W.P 335/2024
5. Ananthakrishnan G, (2024, July 12), Centre on NEET-UG 2024: Data analytics of results show no mass malpractice, The Indian Express