Delhi HC notice to NBE, Ministry of Health on NEET PG 2019 results

The Petitioners upon declaration of NEET PG 2019 results and release of individual marks apparently found serious discrepancy in marks awarded to them.

New Delhi: Responding to the allegations made by certain medicos alleging serious discrepancies in the NEET PG results, the Delhi High Court has issued a notice to the Ministry of Health and Family Welfare (MoHFW) and National Board of Examinations (NBE) instructing them to prepare all necessary documentation (question papers, answer key, answer sheets, etc) that formed the basis of the results of the NEET PG 2019

The directive was given by honorable Justice C Hari Shankar following the hearing of a petition filed by 17 doctors who alleged discrepancy in the results of this year's National Eligibility cum Entrance Test for Post-Graduate medical courses, NEET PG 2019, which was conducted nationwide on January 6.

The petitioners demanded a fresh merit list based on re-evaluation and revision and sought issuance of certain directions to MoHFW and NBE.

The results of candidates who appeared for NEET PG 2019 were declared on January 31, 2019.

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The Petitioners upon declaration of results and release of individual marks apparently found a serious discrepancy in marks awarded to them.

"In some cases, the individual score is much less than estimated after tallying the questions attempted with standard textbooks. In other cases, appears to be serious contradiction & probable error in marks awarded to students on the basis of total number of questions attempted and scores awarded for correct responses and deducted for incorrect responses," the petition read.

On February 1, the Petitioners approached the Ministry of Health and Family Welfare and National Board of Examinations and also sent various e-mails requesting to look into the matter and consider re-evaluation and/or publish question papers with answer keys. Some of the candidates sought necessary information under the Right to Information Act, 2005; which was been denied by the NBE, their plea stated.

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The Petition alleged that they were orally told by the officials at NBE that no information will be provided under the Right to Information as the NEET PG admission brochure 2019 has non-disclosure clauses to which the Petitioners have agreed before applying for the said examination.

Later, the counsel on behalf of the Petitioners sent a letter to the NBE requesting for publication of question papers with answer keys - including questions attempted by candidates with marks obtained in NEET PG 2019 Examination. However, no response was received. The doctors then approached the Delhi HC seeking relef

Following are the prayers mentioned in the petition:

• To publish question papers – with answer keys and response sheet of Petitioners having appeared in the NEET PG 2019 conducted by the NBE;


• To quash and set aside clauses 3.22 and 11.2 of the NEET PG 2019 brochure issued by the NBE being arbitrary and malafide; violative of fundamental rights guaranteed to the Petitioner under Article 14 and 19 (1) (a) of the Constitution of India and also being de hors and ultra vires the provisions of the Medical Council of India Act, 1956 & Clause 9 of the Post-Graduate Medical Education Regulations, 2000

• To re-evaluate and revise the result of NEET PG 2019 and thereafter publish fresh merit list in accordance with law

The petition further added,

"The only question arising for kind consideration of this Hon'ble Court is - Whether the Respondents having been entrusted with the responsibility to conduct the National Eligibility cum Entrance Test (Post-Graduate) for admission to MD/ MS/ Post Graduate Diploma Courses 2019 could withhold publication of question papers; answer keys including response sheet and proceed with the examination process in an opaque manner by resorting to non-disclosure agreement incorporated in the admission brochure de-hors the Indian Medical Council Act, 1956 and Regulation 9 of the PostGraduate Medical Education Regulations, 2000? This Hon'ble Court may also examine the legality and validity thereof, of the NonDisclosure Agreement (NDA) causes (3.22 & 11.2) incorporated in the National Eligibility cum Entrance Test (Post-Graduate) for admission to MD/ MS/ Post Graduate Diploma Courses 2019 brochure by the Respondent No. 2….

… neither in the Act, 1956, nor in the Regulations, 2000 any provision regarding non-disclosure have been provided and the nondisclosure clauses (3.22 & 11.2) seems to have been inserted to prejudicially affect legal rights of the Petitioners in the admission brochure by the Respondent No. 2. Even otherwise, non-disclosure clauses (3.22 & 11.2) are arbitrary and violative of basic fundamental rights guarantee to the Petitioner. Public interest requires furnishing of information and full discloser to information regarding conduct of examinations, questions put to candidates in NEET PG 2019 and corresponding answers - to ensure accountability and transparency and to uphold faith in the institution…"

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Responding to the petition filed by the aggrieved doctors, the HC has now issued a notice to the NBE and MoHFW instructing them to prepare both the necessary documentation as well as their responses to the petition by the next hearing on Tuesday (March 19), reports LiveLaw.