NATIONAL TESTING AGENCY Vs. VAISHANAVI VIJAY BHOPALE

JUDGEMENT

(1.) Respondent Nos. 1 and 2 had filed a writ petition before the High Court of Judicature at Bombay seeking a direction to the petitioner to re-examine them by conducting a separate NEET examination before the declaration of results for admission to undergraduate medical courses for the academic year 2021-2022. Respondent Nos.1 and 2 appeared in NEET (UG) Examination conducted on 12.09.2021 and were in the same room. At the time of distribution of the question papers and the answer booklet, there was a mix up and different booklets and answer sheets which did not match the code were given to them. As per the instructions to the students, respondent Nos. 1 and 2 reported the mix up between the answer sheet and the booklet to the invigilators. The invigilators did not rectify the mistake pointed out by respondent Nos.1 and 2 and within the short time that was left, respondent Nos. 1 and 2 answered as many questions as they could. Pursuant to order dated 07.10.2021 passed by the High Court in the writ petition filed by respondent 1 and 2, a suggestion was made on behalf of the appellant that the answer key shall be implemented for scoring/evaluation of the 6 candidates in whose cases there was a mix up in distribution of the test booklet code and OMR sheet as per the sequence of questions given in the test booklet code as attempted by them.

(2.) On 20.10.2021, the High Court disposed of the writ petition directing the petitioner to hold a fresh examination for respondent Nos. 1 and 2 and declare the results within a period of two weeks from the date of the order. Aggrieved thereby, the appellant has filed this Special Leave Petition.

(3.) On 28.10.2021, this Court stayed the impugned judgment of the High Court till further orders. On that day, we requested the Ld. Solicitor General of India to suggest the course of action to be adopted in respect of respondent Nos.1 and 2 who have suffered due to the fault of the invigilators.