[NEET] Supreme Court asks NTA to consider providing original OMR sheets after allegations of discrepancies, arbitrary re-assessment fee

In response to a plea alleging discrepancies in the answer sheets uploaded this year for the National Eligibility Entrance Test (NEET), the Supreme Court has asked the National Testing Agency (NTA) to consider providing the original answer sheets to candidates if a representation is made for the same (Muskan Sabharwal and ors. v. NTA and anr). .The Bench of Justices L Nageswara Rao, Hemant Gupta and Ajay Rastogi added that the petitioners can move the concerned High Court if the alleged discrepancies persist. .The grievances of individual students cannot be addressed by us in a petition filed under Article 32 of the Constitution of India. However, NTA shall consider the representation preferred by some of the petitioners for furnishing the original OMR sheets. Any further grievance of the petitioners relating to the procedure prescribed for challenging the answer key and the OMR sheets can be raised by filing a Writ Petition under Article 226 of the Constitution of India.Reads order.Senior Advocates Siddharth Luthra and Gopal Sankaranarayanan and Advocate Tanvi Dubey appeared for the petitioners today..The petition moved by 19 NEET candidates through Advocates Sanjay Kumar Dubey, Sanpreet Singh Ajmani and Manju Jetley had also registered protest over the Rs 1,000 fee charged per question for re-assessment of the answer key. Two notifications, issued on September 27 and on October 5, were challenged on this count. .The grievances raised by the petitioners included:.The answers recorded in the OMR sheets uploaded on October 5 by the NTA did not tally with the actual answers recorded by them. There was a huge apprehension of tampering with the answer sheets.Various discrepancies were noticed including tampering of roll number, booklet number, signatures, difference in scores reflected from expected score, blank OMR sheets, difference in scores initially uploaded and the revised scores, difference in the number of questions shown to be attempted as opposed to those actually attempted etc.Umpteen efforts were made to reach the NTA to no response.One petitioner, however, received a response on October 11 wherein it was indicated that the OMR sheet appeared fabricated.The petitioners paid substantial amounts, including Rs. 91,000 by one petitioner, to challenge the OMR sheet.Despite various follow-ups, no response was obtained from the NTA on the challenge made to the OMR SheetThe process to challenge the responses in the OMR sheet, as per the October 5 notice, is unjust and manifestly arbitrary. The payment of Rs 1,000 per question accumulates to a huge sum, which is beyond the financial capacity of the petitioners and similarly placed students.Any kind of tampering, manipulation or fabrication with the OMR sheets will dilute the transparency in the evaluation mechanism itself. To address the complaints, NTA should verify the uploaded OMR sheets with the carbon copy of the original OMR sheets retained by it after the exam’s conduct.Given the strong academic records of the petitioners and the years put in to prepare for the NEET by them, the present discrepancies in the OMR sheets have traumatised the petitioners and similarly placed students. Years of their hardwork is at stake. Petitioners had done exceptionally well in the mock tests and secured top ranks.It is absolutely disheartening to note that there have also been reported instances of candidates dying by suicides after witnessing glaring discrepancies int heir OMR sheets. In October a girl was reported to have died by suicide after received 6 marks out of a possible 720 marks.NTA’s actions have entailed in a sheer violation of fundamental rights under Articles 14, 15 and 19 (1)(a) of the Constitution. It has shaken the confidence of the students.The October 5 notice is irrational and manifestly arbitrary and undoubtedly deprives the valuable right to know of thousands of students who seek to challenge the OMR sheet.Petitioners are placed at a heightened disadvantage as they do not have access to any direct documentary evidence in respect of events that transpired during the exam. The evidence is solely with the Respondents. Therefore, the NTA should be made accountable to produce a carbon copy of the original OMR sheet and verify the material..The allegations of mismatch between OMR sheets submitted and uploaded needs a thorough investigation by a high powered committee, the petitioners went on to contend, while making the following prayers:The NTA should be directed to produce the original OMR sheets and verify the same with the carbon copy retained by the agency after the NEET’s conduct, in the presence of concerned officialsA High Powered committee should be constituted to examine the complaints regarding possible tampering of OMR sheets to ensure transparency of evaluationThe NTA should recalculate and rectify the OMR sheets of the petitionersThe notices issued on October 5 and September 27 (regarding the payment of Rs 1,000 per question challenged in the OMR sheet and answer key) should be quashed.The NEET results uploaded on October 16 should be quashed.Appropriate regulations should be issued by NTA to ensure free, fair and smooth evaluation .(Read order)