[NEET Bra removal row] Kerala High Court declines to interfere since probe already underway

The Kerala High Court recently dismissed a public interest litigation (PIL) petition seeking compensation for those female candidates who were forced to remove their bras before appearing for National Eligibility cum Entrance Test (NEET) conducted recently in Kollam district [Asif Azad v Union of India]..A division bench of Chief Justice S Manikumar and Justice Shaji P Chaly observed that the interference of the High Court is not required as the investigation is still going on and the matter is pending before the criminal court.“Having heard learned counsel for the parties and perused the materials available on record, we are of the view that the investigation is going on and the matter is pending consideration before the criminal court. In such circumstances, we find that the interference of this court is not required,” the judgment stated..The PIL was moved by one Asif Azad, who appeared in-person, seeking directions to the Central government to publish a common protocol for conducting exams across the country.The case relates to a recent incident when some female NEET aspirants were asked to remove their bras before being allowed into the examination hall as metal hooks were detected in their innerwear during screening.The plea moved before the High Court stated that the garments that were removed by the aspirants, were stacked on top of each other in another room with no regard to Covid-19 regulations.It was further claimed that this was not an isolated incident and that even as far back as 2017, some teachers had to be suspended for asking a female candidate to remove her innerwear before entering a NEET centre in Kerala.According to the petitioner, if a common protocol is set up and implemented, such violations of the rights guaranteed under Article 21 can be avoided in the future.It was also suggested that instead of such frisking and stringent screening relying on metal detectors, CCTV cameras be installed in examination halls to detect any cheating or malpractice..The Court had previously directed the National Testing Agency (NTA) to file a detailed statement on the manner in which the exam was conducted and the enquiry conducted subsequent to the incident.Standing counsel for the NTA, advocate S Nirmal, submitted that the petitioner had made inappropriate averments against the agency which has conducted NEET examinations for nearly three lakhs students across the country and, hence, the PIL is not maintainable.He further submitted that this case was registered in the Chadayamangalam Police Station and that the investigation is underway.It was further claimed that the alleged incident was the only such unfortunate occurrence to be reported and no such incident was reported in NEET(UG) or any other examination conducted by NTA.He also submitted that if the Court so requires, the NTA would revise the existing norms/ guidelines/instructions/ SOP regarding frisking to ensure that the examination personnel are further sensitized in the matter, so as to ensure the dignity of the candidates and integrity of the examination process..Senior Government Pleader KP Harish, appearing for the Director General of Police, submitted that the case was registered in Chadayamangalam Police Station after receiving a complaint from the father of the female candidate who was forced to remove her inner wear during security checking.Harish submitted that five accused were arrested on July 19 and produced before the Judicial First Class Magistrate, Kadakkal and the court had remanded them to judicial custody. The accused were booked for offenses punishable under sections 354, 509, 109 and 34 IPC. All the accused were later enlarged them on bail on July 20 and investigation is still underway, he submitted.During the course of the probe, 7 female candidates disclosed that the authorities had insisted them to remove their inner-wear, he stated..After hearing the counsel for the parties and examining the materials available, the Court declined to interfere as the investigation is going on and the matter is pending before the criminal court.The Court also declined the prayer seeking directions to the NTA to set up a common protocol to conduct examinations across the country as procedure and protocol depends upon nature of subjects and selection of candidates. That apart, it is purely the domain of the Central government and the NTA, the Court observed. .[Read Judgment]