Analysing the public examinations (prevention of unfair means) act in light of the current situation

The Author of this Blog Article is Ms. Pralipsa Panda, a first year law student pursuing B.A.LL.B, from National Law University Odisha (NLUO).

Abstract 

Keeping in mind the steep rise of lumps in the smooth conduct of entrance examinations, this article aims to unravel the controversy step by step to enable a better understanding of the issue and law as the article seeks to provide a rationale for the implementation of the legislation. This manuscript provides a detailed explanation that ranges from the introduction of the topic to providing a clear understanding of the recently implemented act. This article aims to provide clarity as to the current fiasco that has evoked wrath among the Indian public and tries to rationalise various aspects that have been brought up as it explains the characters and incidents in detail. References from reputed newspapers, notifications from ministries and official judgements of the Supreme Court were used to build the main body of this article. The information provided hugely depends on the content available online.  

Keywords: NEET, UGC-NET, Paper leak, public examinations (prevention of unfair means) act. 

Introduction 

There has been a noticeable growth in the misconduct of entrance examinations in India over the last decade. Irregularities in the administration of exams are not a new phenomenon in India. However, the educational disaster that has been happening for the past two months has evoked nationwide anger. The 2017 National Testing Agency has been facing backlash for its lackadaisical approach towards the conduct of entrance examinations. Currently, the focus of the citizens of India is drawn to the irregularities observed in the NEET-UG and NET.  The whole debacle has embroiled the nation in rage. Amidst this row, the centre released a gazette enabling the operation of the Anti-Paper Leak Act. 

About the Act 

As the Ministry of Education faces the wrath of students opposing the possibility of paper leaks, the Ministry of Personnel, Public Grievances and Pensions brought the Public Examinations (Prevention of Unfair Means) Act into effect on 21st June 2024. The act aims to avert malpractices in government recruitment examinations and bring “greater transparency, fairness and credibility.” The act was passed in the Lok Sabha and Rajya Sabha on February 6 and February 9 respectively followed by receiving the assent of the President, Droupadi Murmu, on 13th of February. Subsequently on the 21st of June, under sub-section (2) of section 1 of the act, the personnel ministry operationalised the act through a gazette notification. As per section 9 of the act, all the offences under the act are cognizable, non-bailable and non-compoundable. The sudden implementation of the act amid the protests against the irregularities in NEET-UG and UGC NET has invited a plethora of questions from the public.  

What is the NEET, UGC-NET row about? 

The National Eligibility-Cum-Entrance Test (NEET) is a nationwide entrance examination conducted to secure admissions in undergraduate and postgraduate medical and dental programs. It replaced the All-India Pre-Medical Test and was introduced in the year 2012 by the UPA government as a uniform mode of examination for all aspiring medical students in the country. The 2024 NEET examination witnessed a whopping number of nearly 24 lakh candidates competing for around 1 lakh MBBS seats across 700 medical colleges in India.  

This year the entrance examination drew attention to the irregularities and systematic default in its conduct. Amid the release of the general election results on 4 June, the NTA published the NEET-UG results 10 days prior to its supposed date of release. The results drew immediate attention as there were 67 students who maxed out the examination. Soon the examination got mixed with more controversies as two candidates scored 719 and 718 out of 720 which is mathematically not possible. Before this, the test had invited allegations of paper leak which the NTA had denied at first. The extraordinarily good performance in the 2024 examination caused rumpus among the students. Subsequently, the NTA revealed that it had awarded 1563 students grace marks to compensate for the “loss of time”. The NTA revealed that it followed a similar approach that was laid down by the Supreme Court in Disha Panchal vs Union of India the Secretary. In the aforementioned judgement, the apex court allowed the grant of grace marks due to administrative lapses, resulting in a loss of time. However. The NTA cancelled the grace marks it had awarded and organised a re-test for the 1563 students. It is important to note that the two examinations mentioned above are of different nature.  

Such allegations of paper leaks were also recorded in the 2024 UGC-NET exam. The University Grants Commission-National Eligibility Test is a competitive examination that determines the eligibility of Indian Nationals for “Assistant Professor” and “Junior Research Fellowship and Assistant Professor” in Indian universities and colleges. The NTA is responsible for conducting the examination. Earlier, the University Grants Commission had revealed that from the 2024-25 academic session, the test will pave the way for students to get admission into PhD programs across India. The exam took place on 18 June 2024 but was cancelled by the Ministry of Education on 19 June 2024 to “ensure the highest level of transparency and sanctity of the examination process.” Investigations revealed that the paper was leaked on the dark net. 

About the National Testing Agency

In 2017, the Ministry of Education set up the National Testing Agency as a “premier, specialist, autonomous and self-sustained testing organisation” bestowed with the responsibility to conduct entrance examinations to secure admission and fellowship in higher educational institutes. The organisation oversees the conduct of national-level examinations such as NEET-UG, CUET, JEE (main), UGC-NET, etc. 

What is the role of this new act? 

The operationalisation of the Public Examinations Act is pivotal in the arena of the entrance examinations as it aims to curb cheating in government recruitment exams. The central government has expected that the act will bring “greater transparency, fairness and credibility” as it is the first substantive piece of legislation that aims to prevent the breach of fairness in the administration of such exams by bringing stringent penalties.  

Chapter III of the act states the punishment for offences. All the offences under the act are cognizable, non-bailable and non-compoundable. Section 10, sub-section (1) sets an imprisonment period of not less than 3 years which may extend to 5 years. It sets a ceiling price of rupees 10 lakhs as a penalty. In the same subsection it further states that: - “In case of default of payment of fine, an additional punishment of imprisonment shall be imposed, as per the provisions of the Bharatiya Sanhita, 2023.” 

What examinations does the act cover? 

The centralised act covers public exams. Section 2 clause (k) of the act defines public examinations as examinations that are conducted by the public examination authority, as specified in the Schedule, or conducted by such other authority as may be notified by the Central Government. Further clause (l) of section 2 defines a public examination authority as follows: - 

“Public examination authority” means an authority as specified by the Central Government by a notification, from time to time for conducting the public examinations; 

This definition encompasses the examinations that are conducted by bodies such as the Union Public Service Commission, Railway Recruitment Board, National Testing Agency, etc. It allows the central government to add new authorities through notifications as per requirement.  

What constitutes unfair practices under the act?

Chapter II of the act deals with the acts that are defined as unfair under the legislation. Section 3 of the law provides a list of 15 actions that amount to unfair means relating to the conduct of public examinations that are caused to be committed by a person or a group of persons or institutions for “monetary or wrongful gain.” Sub-clause (i) of the law constitutes the leakage of question paper or answer key or part thereof as an offence. The second sub-clause penalises participating in collusion with others to affect such leakages. The section further lists 13 more actions that add up to unfair means and offences. 

Does the act cover the ongoing NEET-UGC NET row?  

It is important to note that this piece of legislation is prospective in nature. This means that the act will not cover events prior to June 21, 2024.  

What are the questions surrounding the implementation of the act? 

The sudden implementation of the act has invited criticism from the opposition. The Indian Congress Party has termed the action as “damage control.” Certain criticisms also arise due to the lack of certain important provisions that can create a safe future for students. For example, it does not provide a solution in case of cancellation of an exam. It does not provide a time frame as to when should the exam be rescheduled. Every year millions of candidates appear for public examinations. The absence of remedies puts the arduous hard work of the candidates at stake. It is also a loss of merit. 

Concerns also arise as to the administration of the law. There’s a need for fair governance of the anti-cheating law to avoid mishaps in the future. Previously such anti cheating legislations have been implemented in states like Gujarat, Uttarakhand, and Rajasthan, but they haven’t proved to be effective.    

Conclusion 

Avoiding all the political motives that might be behind the sudden implementation of the act, it is important that the current situation is taken into consideration seriously to avoid any such setback in the future. The new law has a strong potential to put an end to the prevalent rise of paper leaks. Such irregularities in examinations drain the candidates emotionally and break their perseverance. It is important to implement the act strictly and fairly to conserve the integrity of education in India. 

References 

1. Public Examinations Act, 2024, S.1, No.1, Acts of Parliament, 2024 (India).

1. Public Examinations Act, 2024, S.9, Acts of Parliament, 2024 (India).

1. Govt. of India, Ministry of Personnel, Grievances and Pensions, S.O.2302 (June, 21, 2024).7.

1. Deeksha Teri, Why is there controversy around NEET this year?, Indian Express (June 9, 2024), (https://indianexpress.com/article/explained/why-is-there-a-controversy-around-neet-this-year-9378906/).

1. Disha Panchal v. Union of India The Secretary, AIR 2018 SC 79.

1. Public Examinations Act, 2024, S.10, Acts of Parliament, 2024 (India).

1. Public Examinations Act, 2024, S.3, Acts of Parliament, 2024 (India).

1. Harikishan Sharma, How the new Public Examinations Act can deal with cheating, Indian Express (June, 25, 2024), (https://indianexpress.com/article/explained/how-public-examinations-act-can-deal-with-with-cheating-9412717/)