NEET : Supreme Court Stays Madras HC Order Granting Grace Marks For Wrong Question

The Supreme Court on Friday stayed a Madras High Court order granting an unsuccessful NEET candidate belonging to the Scheduled Caste category four grace marks for a question in which wrong answers had been provided by the testing agency. Admittedly, the petitioner, who scored 92 marks against the cut-off of 93, did not attempt the particular question, fearing that he might get negative marks. However, in a relief to the aggrieved candidate whose appeal before the National Testing Agency was soundly rejected, a Bench of the High Court led by Acting Chief Justice T. Raja, in October, directed that he be granted the additional marks, therefore, enabling him to meet the prescribed cut-off.  "The NTA, being instrumentality of the State, cannot refuse to award the four marks to the appellant who belongs to weaker section of society," noted the High Court Bench.

Challenging the HC direction, the National Testing Agency approached the Supreme Court. Solicitor General of India Tushar Mehta, appearing for the NTA, submitted before the apex court Bench of Chief Justice D.Y. Chandrachud and Justice Hima Kohli, assailed the High Court order on the ground that the petitioner did not attempt the question concerned. "If this is allowed, it will have a cascading effect," the Solicitor-General submitted.

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