Abstract
The NEET Scam 2024 exposed significant vulnerabilities embedded in India’s examination system, leading to widespread outcry among students, thus prompting legislative action. This paper examines the impact of the scandal, which saw an unprecedented number of students achieving perfect scores and allegations of paper leaks, casting doubt on the integrity of public examinations. The NEET UG exam, one of India’s most competitive tests for medical admissions, was marred by controversies involving grace marks and examination centre irregularities. In response to this, the Indian government enacted The Public Examinations (Prevention of Unfair Means) Act, 2024, which introduces stringent penalties for paper leaks and other malpractices, aiming to restore confidence in the examination process. The Act mandates severe punishments, including imprisonment and hefty fines, to deter malpractice. Despite the legislative effort, challenges in implementation across diverse regions and administrative levels persits; and its success hinges on effective enforcement, capacity building, and transparent administration.
The ensuing discussion will delve further into the history of paper leaks in India, while analysing various provisions embedded in the heart of The Public Examinations Act 2024, evaluating the diverse challenges that will be produced while enactment of the Act and examining its potential to induce a meaningful change in the system suffering from years of malpractices.
Keywords: NEET Scam, paper leaks, examination system
Introduction
Public Examinations are a critical way of determining academic and professional orientation of millions of students in India. NEET UG exam (National Entrance cum Eligibility Test) is one of India’s most competitive examinations for which over 23 lakh students appear every year with a dream and an aspiration of completing their graduation in the medical courses through MBBS, BDS, AYUSH and other related courses. Until 2012, All India Pre Medical Test (AIPMT) was annually conducted by the Central Board of Secondary Education (CBSE) for admission in undergraduate medical programs, now replaced by NEET-UG by NTA (National Testing Agency).
This year, twenty-four lakh students appeared for NEET exam on May 5 at 4750 centres, spread across 571 cities of India and fourteen international locations. The results for the same examination were declared on 4th June, causing hue and cry amongst the medical aspirants regarding the unusual number of students achieving perfect scores, the grace marks provided to over 1,500 students, and the alleged controversy of the paper leak in various centres.
According to the results, 67 students in the 2024 paper scored a total of 720 marks, which is peculiar considering the result of previous years. Only two students in 2023 managed to achieve the perfect score of 720 in the examination. This number of people scoring full marks was three in 2022, two in 2021 and only one in 2020. Further, it has been stated that 1,563 students appearing for the NEET were given grace marks in the exam. Moreover, after the last date of registration for the exam, the site of registration was opened once again without intimating to anyone. There are also cases reported wherein many students changed their examination centres and chose far off centres to appear for the NEET paper. All these events had led to a demand by the students requesting a probe of the examination process and raised suspicion of involvement of mafia in the alleged paper leak.
In the annals of Indian education history, the NEET Scam 2024 is a stark reminder of vulnerabilities in the system which can compromise the integrity of national-level examinations. This scandal unveiled a deeply entrenched and interconnected system of malpractices, including bribery, digital fraud, and so on which paves way for shaking the confidence of many in the credibility of the examination process. Not only this, but the incident of paper leak has been an eye opener for the government of India who recognised the precarious situation of paper leaks in India and took steps for preventing such malpractices in the future examinations. In response to the scandal, the Indian legislature readily enacted The Public Examinations (Prevention of Unfair Means) Act, 2024 (hereinafter referred to as ‘The Act’). This Act aims towards addressing and curtailing malpractices in public examinations and ensuring a level playing field amongst those appearing for these examinations.
The implementation of the act sets the discourse for wide questions regarding the analysis of the provisions encompassed in the act, the challenges during enactment in varied regions and broader implication on the education system. But at the heart of this, lies the main question: Can legislation alone suffice in eradicating the deeply rooted system of malpractice in the examination process? The NEET Scam, in this respect, provides us a unique lens to explore these questions and provide wide analysis and valuable insights on the subject.
Research Methodology
The author employs secondary research methodology in the paper by thoroughly examining and analysing existing literature such as newspapers, journals and websites; and previously conducted studies. This approach allows them to build upon established knowledge, validate their findings, and offer a well-rounded, comprehensive understanding of the topic under study.
Review of Literature
Public Examinations are crucial for concluding a student’s trajectory in both the academic and professional fields. Due to its significance, it is paramount to ensure their integrity to maintain trust of millions of students in the education system. There have been various instances of exam scandals in India, amongst these Vyapam Scam (2013) in Madhya Pradesh was one of the largest and most complex scams (Bharadwaj, 2024). Similarly, another instance of paper leak bombarded the headlines of newspapers in May 2024. The NEET scandal threatens the future of over 23 lakh students, who appeared for the examination this year. According to The Hindu, the Supreme Court while hearing the petitions made it clear beyond any doubt that questions have been leaked and the sanctity of the exam has been compromised. However, the court maintains the decision that the question of cancelling the examination will be an ‘extreme last resort’ as it will affect and potentially jeopardise the lives of over 23 lakh students.
In this context, The Act represents a legislative milestone. The Act establishes stringent penalties to combat cheating in public examinations, aiming to serve as a strong deterrent against such unfair practices. For general offenders, the law mandates a minimal jail term of three years, which can be further prolonged up to five years. Individuals in managerial roles at service providers involved in the examinations face even harsher consequences, with potential jail terms of up to ten years. By implementing these severe punishments, the Act seeks to uphold the integrity of public examinations and ensure a fair and transparent evaluation process for all candidates. (Bajpai, 2024)
India’s Paper Leak Fiasco
The NEET Scandal 2024 was not any isolated paper leak episode that took place on a national level in India. Rather, India has a never-ending history of exam paper leaks, which is not restricted to any state or region. Almost every year, whether it be state-level papers or national examinations, various instances of paper leak cover the front pages of newspapers. Due to this, either further selection process is cancelled or ceased and delayed till further inquiry, creating uncertainty and apprehension in the future of many students.
In 2024 itself, many examinations in Uttar Pradesh, such as the UPPSC review officer (RO/ARO) and UP police exam were cancelled due to the grave problem of paper leaks. There were five reported incidents of paper leaks that took place in 2023 during various exams in Telangana, Maharashtra, Assam and Rajasthan. In 2022, there were controversies around six examinations in the state of Rajasthan alone, and doubts regarding their leak were raised in many reports. Correspondingly, in 2021, questions were raised around alleged JEE paper leak. There are instances of similar paper leaks bombarding the newspaper reports throughout the last decade.
The 2018 CBSE paper leak was one of the most scandalous paper leaks to ever take place in the history of India. The class 10 mathematics and class 12 economics papers were compromised in this scam and were made available to the public via social media platforms. This leak before the date of examination caused trouble to more than 2 million students appearing for these papers that year and further aggrieved the students, teachers and parents. This episode was an eye opener for the Government in the aspect of ensuring examination integrity during the exam process.
Every year contention of some or other paper leak makes the headlines of various newspaper reports. This not only jeopardises the credibility of examinations that take place every year, but also imperil the future of lakhs and crores of students whose careers are put into question. According to some reports, in the past 7 years, more than 70 examination paper leaks have been reported in different states of the country, affecting the careers of more than 1.5 crore youth in India.
For preparing for these highly competitive examinations like NEET, JEE, REET, etc. a lot of effort is put by the students and when such leak news swamp the newspapers and media, not only does their endeavour and effort goes to waste but also the financial support that is put forth by their parents to help these children prepare for the exams. Especially, when some of the exams are not held at regular intervals.
India is a country with a rapidly increasing population. Today, it is home to 1,442,039,740 people. Out of this number, approximately half of its population form the part of youth, that is, encompassing the age group below 25 years. Taking this number into consideration, the continuous incidents of paper leaks in India is no more just the flaw in the checks and balances of the education system, but the big question of shattered dreams of millions of youth of the country.
Analysis of The Act, 2024
The Public Examinations Act, 2024 came into force on 21st June, 2024 against the background of a massive row of alleged malpractices in conducting NEET UG examinations. The purpose of this Act is to stop “unfair means” from being used in examinations and to improve the public examination system’s credibility and transparency. Prior to the introduction of this Act in the Parliament, there was no particular substantive legislation governing the examinations in India and ensuring the adoption of fair means for this process.
Some of the significant provisions of the Act are as follows:
- According to Section 2(k) of the Act, a “public examination” is any exam administered by one of the public examination authorities specified in the schedule, which includes the National Testing Agency (NTA), which administers tests like NEET UG, JEE (Main), Common University Entrance Test (CUET), Railway Recruitment Boards (RRBs), Institute of Banking Personnel Selection (IBPS), Ministries or Departments of the Central Government and their attached and subordinate offices for staff recruitment, and the Union Public Service Commission (UPSC), Staff Selection Commission (SSC), Institute of Banking Personnel Selection (IBPS), and so forth.
- According to Section 3, “unfair means” refers to any kind of paper leak or tampering with secret documents by any individual, group, or institution that could result in financial or unjust advantage. A comprehensive list of at least fifteen definitions have been included under the phrase.
- Section 9 of the Act makes the offences listed in Chapter 2, which includes sections 3 through 8, cognizable, non-bailable, and non-compoundable. In other words, police won’t need the magistrate’s approval to begin an investigation (cognizable), the accused won’t be entitled to bail (non-bailable), and the complainant won’t be able to withdraw the case even if both parties have reached a settlement (non-compoundable).
- The Act also includes certain severe penalties for anyone found to be “resorting to unfair means and offences under the Act.” These include a fine of up to 10 lakh rupees and a sentence of three to five years in prison. The provisions of Bharatiya Nyaya Sanhita (BNS) would impose additional punishment on any criminal who fails to pay this sum.
- Furthermore, as stated in the Act, “service providers” are defined as any agency, organisation, body, association of persons, business entity, company, partnership, or sole proprietorship firm, as well as its affiliates, subcontractors, and provider of support for any computer resource or material, under whatever name it may be known, that is hired by the public examination authority to conduct a public examination. Should a service provider violate any of the provisions outlined in Section 8, they could face a punishment of up to one crore rupees and be disqualified from handling any public examination-related duties for a four-year term.
- The 2024 Act also acknowledges the penalties for perpetrating “organised crime” under Section 11 of the Act, which entails a minimum fine of one crore rupees and a minimum sentence of five years, with a maximum extension of ten years.
- Additionally, this Act gives any official, up to and including the rank of Assistant Commissioner of Police or Deputy Superintendent of Police, the authority to look into any offence committed in violation of its requirements. The Central Government may also assign any Central Investigating Agency to handle this investigation.
Challenges and Criticisms
The Act is a great step towards eliminating malpractices and ensuring the sanctity of papers during the examination process. But the implementation of this Act all over India would pose a challenge towards the Indian authorities.
The implementation and ratification of the same would necessitate adherence throughout the nation’s numerous administrative and geographic regions. The diversity of these regions will pose a significant challenge to the Indian government, particularly in light of the amount, kind, and capacity of resources, infrastructure, and inter-official coordination that will be required for effective enforcement. This will be more difficult in cases where the authorities and stakeholders involved in the examination process will be resistant towards the changes brought by the new legislation from the traditional practices.
Moreover, it would require quite efficient and effective technological infrastructure and mechanism so that the process of examination cannot be compromised or breached easily. The smaller examination bodies, in this respect, can encounter difficulties while implementing certain enhanced security measures for registration and verification such as the biometric system, etc.
Not only this, but the changes in the methods of examination process that have been going on for decades, may lead to reduced efficiency in the system for the initial period of time, in which case the objective and aim of the Act will become void.
Additionally, the legislation offers a template that the states can use and modify as they see fit. This could result in disparate state and regional norms, which could impair the efficacy and application of the law in stopping malpractices during public exams.
Suggestions
Checks and Balances play an important role in any legislative institution to maintain its accountability and credibility amongst the people, and further harnessing their trust in the activities of the institution. The officials responsible for conducting the exams should therefore work towards building a higher standard of transparent and fair examination process, both at the national and the state level in India.
Furthermore, the Act’s correct implementation and obedience will be guaranteed by centralised, strong monitoring and control of the examination process. In order to identify and stop misconduct during the examination process, the authorities must also guarantee that complaints are handled properly and that audits of the procedures are conducted. In order to ensure the Act is implemented smoothly, training and capacity building efforts should also be made by the examination officials and service providers. This would necessitate improving these officials’ technical awareness and comprehension in addition to their administrative skills so that they are adequately informed about the new Act measures.
Further, it is important to address the underlying cause of examination malpractices, such as high competition and pressure, which requires a broader reform of the education system. Reducing the stakes of single examinations by incorporating continuous assessment and alternative pathways to higher education can alleviate some of this pressure. Also, enhancing support systems for students to help them cope with the stress can reduce the temptation to engage in examination malpractices. There is also a need to cultivate a culture of integrity and ethical conduct in education from an early age. Integrating ethics and values education into the curriculum can instil a sense of responsibility and honesty in students.
Lastly and most importantly, since the can of worms has spilled during the NEET Examination 2024 and allegations of malpractices have buzzed the air throughout the country, the government should not work towards sweeping the issue under the carpet. Rather, the authorities responsible for ensuring the sanctity of exam should acknowledge the issue, apologise for mishappening and show their willingness to repair their trust through utter honesty.
Conclusion
The NEET Scam 2024 has opened up the pandora’s box by highlighting the vulnerability and inefficacy of the education system of India, leading to questions and speculations regarding the malpractices that have been part of this system for years. The aftermath of this, has also led to the enactment of The Act for prohibiting and penalising any such practices that threaten to jeopardise the sanctity of the examination process. However, the success of this legislation depends upon the efficiency of implementation of the Act at the ground level. By adopting a multifaceted approach that includes technological advancements, capacity building, stakeholder engagement, and legal and administrative reforms, India can strengthen its examination system and restore public confidence. Addressing the root causes of examination malpractices and promoting a culture of integrity are essential to ensure that public examinations remain a credible and reliable means of assessing academic and professional competence.
As we move forward, it is crucial for the government, examination bodies, educators, and society as a whole to work collaboratively towards achieving these goals. The lessons learned from the NEET Scam and the subsequent legislative response provide valuable insights into the complexities of examination fraud and the measures needed to combat it effectively. By fostering a transparent, accountable, and ethical examination system, we can safeguard the dreams and aspirations of millions of students and uphold the integrity of India’s education system.
Archita Agrawal
2nd year, Rajiv Gandhi National University of Law, Patiala