Pushyam Pandla & Ors. v. Union of India & Ors.

Delhi High Court · 23 May 2024 · 2024:DHC:4464
C. Hari Shankar
W.P.(C) 7667/2024
2024:DHC:4464
administrative petition_dismissed Procedural

AI Summary

The Delhi High Court directed the NTA to examine and decide the petitioners' grievances regarding question paper replacement during NEET UG-2024 within ten days, preserving their right to approach the court thereafter.

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WP(C) 7667/2024
HIGH COURT OF DELHI
W.P.(C) 7667/2024 & CM APPL. 31936/2024
PUSHYAM PANDLA & ORS. ..... Petitioners
Through: Mr. Dhruv Tamta, Mr. Beer Singh Negi and Mr. Jatinder Singh, Advs.
VERSUS
UNION OF INDIA & ORS. ..... Respondents
Through: Ms. Shubhra Parashar, Mr. Dipesh Chaudhary, Mr. Virender Pratap
Singh Charak and Mr. Amol Shukla, Advs. for R-1/UoI
Mr. Naresh Kaushik, Sr. Adv.
WITH
Mr. Sanjay Khanna, Ms.Pragya Bhushan, Mr. Karandeep Singh, Mr. Tarandeep Singh and
Mr. Anand Singh, Advs. for NTA
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (ORAL)
27.05.2024
JUDGMENT

1. The grievance of the petitioners, who underwent the NEET UG- 2024 Examination in the Hardayal Public School and Vijaya Senior Secondary School both located in Bahadurgarh, Haryana, is that, about half an hour after the petitioners had been issued the question papers and had started attempting them, the question papers were taken back and fresh question papers were issued to the petitioners on the pretext that wrong question papers had been initially provided.

2. In the process, the petitioners claim to have lost valuable time. The impugned action is also stated to have disturbed the concentration of the petitioners and impeded their chance of attempting the papers meaningfully.

3. As such, the petitioners have, by means of the present writ petition, sought that a separate examination be held for them.

4. Mr. Dhruv Tamta, learned Counsel for the petitioners submits that, even if separate examinations are not held, some via media may be worked out so that the petitioners are compensated in some measure for what has happened.

5. Mr. Naresh Kaushik, learned Senior Counsel appearing for the National Testing Agency (NTA), which conducts the NEET UG-2024 Examination, submits that a similar dispute had come up before the High Court of Chhattisgarh in WPC 2625/2024 (Lipika Sonboir and Others v. Union of India) in which, on 24 May 2024, a Division Bench of the High Court, presided over by the Chief Justice, has noted the fact that a Grievance Redressal Committee(GRC) has been constituted by the NTA on 23 May 2024 to look into the grievances of the candidates who have attempted the NEET UG-2024 Examination.

6. In these circumstances, the Division Bench of the Chhattisgarh High Court has directed the GRC to examine the grievance of the petitioners in that case and submit its recommendation within ten days. The petition was accordingly disposed of.

7. Mr. Naresh Kaushik submits that, in case the NTA is given ten days’ time, it would examine the representation that the petitioners have already made, as well as the grievances in this writ petition and communicate a speaking order thereon to the petitioners within the said period.

8. Mr. Dhruv Tamta, learned Counsel for the petitioners, is agreeable to this suggestion, subject to the NTA being bound to the aforesaid time period, as he submits that the results of the NEET UG- 2024 Examination are likely to be announced shortly.

9. As such, this writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation to the NTA within 24 hours at the email Id to be provided by Mr. Sanjay Khanna to Mr. Dhruv Tamta today itself and a direction to the NTA to take a decision on the representation positively within ten days and communicate the decision to the petitioners immediately on its being taken.

10. Needless to say, should the petitioners continue to remain aggrieved, their rights to approach the Court in that regard in accordance with law shall remain reserved.

11. This writ petition is disposed of in the aforesaid terms.

C. HARI SHANKAR, J.