Delhi HC issues notice in plea seeking publication of question papers, answer key of NEET PG

The Delhi High Court yesterday issued notice in a plea seeking publication of question papers, answer keys and response sheet of Petitioners who appeared in the National Eligibility cum Entrance Test (NEET) for admission to MD/ MS/ Post Graduate Diploma Courses for the academic year 2019..Notice was issued to Ministry of Health and Family Welfare and the National Board of Examination (NBE) by a Single Judge Bench of Justice C Hari Shankar. The petition has been preferred by seventeen candidates/doctors who appeared in the post-graduate NEET and found serious discrepancies in marks awarded to them, post declaration of results..After noticing the discrepancies, the Petitioners approached the Ministry of Health and Family Welfare and the NBE, requesting them to look into the matter. Some of the Petitioners also filed applications under the Right to Information Act, 2005 requesting the NBE to furnish question papers, answer keys as well as their response sheets. They were however orally told by the NBE officials that no information would be provided under the Right to Information Act as they themselves agreed to the non-disclosure clause included in the NEET admission brochure 2019 while applying for the examination..Thereafter, the Petitioners also sent a letter to NBE requesting the same. After the Petitioners did not get any response to the letter, they moved the High Court..The petition filed through Advocate Prashant Bhushan, claims that the examination process followed by NBE was “opaque” in nature as it incorporated a non-disclosure agreement in the admission brochure to MD/ MS/ Post Graduate Diploma Courses 2019..This, the petition argues, is de-hors the Indian Medical Council Act, 1956 and Regulation 9 of the Post Graduate Medical Education Regulations, 2000, which do not provide for any non-disclosure clause. Such non-disclosure clauses seem to have been inserted to prejudicially affect legal rights of the Petitioners in the admission brochure by NBE, it is further asserted..Even otherwise, it is argued that non-disclosure clauses in the admission brochure are arbitrary and violative of fundamental rights..“Public interest requires furnishing of information and full disclosure 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.”.Counsel appearing for the Petitioners, Advocate Neha Rathi also argued that without the question paper, answer key and the response sheets, it would be impossible for the examinees to ascertain if they have been awarded the correct marks..The petition, therefore, not only prays for setting aside the non-disclosure clauses but also seeks a direction to the Respondents to re-evaluate and revise the result of the NEET (Post-Graduate) for admission to MD/ MS/ Post Graduate Diploma Courses for 2019 and thereafter publish a fresh merit list in accordance with law..The matter would be next heard on March 19..Read the petition below.