[NEET question booklet mix-up] We sympathise but cannot order re-examination for 2 students: Supreme Court

The Supreme Court on Friday set aside a Bombay High Court order which had directed the National Testing Agency to hold re-examination for two National Eligibility cum Entrance Test (NEET) candidates whose test booklets and OMR sheets had gotten mixed up due to the carelessness of invigilators..A Bench of Justices L Nageswara Rao and BR Gavai accepted the argument of Solicitor General Tushar Mehta that the answers of the two students will be matched with the correct question booklets. The Court also accepted the argument of the two students that they lost precious time during the exam due to the mix up and could not answer all questions.The Bench said that while they are sympathetic to the plight of the students, a reexamination cannot be conducted for two students. "We find substance in submission of Mr Sudhanshu Choudhari (counsel for the two candidates) that with loss of precious time the two students could not answer all the questions and we also appreciate the state of mind of the 2 students. Though we sympathise with the cause of the two students. we find it difficult to order the reexamination of the two students. Thus, we set aside the direction of the High Ciurt to conduct fresh exam for the two students," the Court directed.The apex court had earlier stayed the Bombay High Court order which had halted the declaration of results.The High Court had asked NTA not to declare results, after two aggrieved candidates had approached it claiming that their test booklets and OMR sheets got mixed up during the NEET exam held on September 12.The two students before the High Court had highlighted that their test booklets and OMR sheets got mixed up during the NEET exam.The submitted that when invigilators started distributing the test booklets, it fell down. As a result the test booklets and the OMR sheets which the two candidates received, got mixed up.The High Court had, therefore, directed the NTA to re-examine the two candidates by conducting a separate NEET examination before declaration of results.NTA was further directed to declare the result of re-examination of petitioners along with the result of NEET examination held on September 12.In its appeal before the Supreme Court, NTA contended that effect of the High Court order is that NTA who has conducted the NEET (UG) 2021 examination for more than 16 lakh candidates is not able to declare results even though the same is ready..The Supreme Court had on October 28, stayed the High Court order and posted the case for further consideration today.