SC Denies NEET Retake for Student Barred Over Handkerchief Due to Medical Condition

SC Denies NEET Retake for Student Barred Over Handkerchief Due to Medical Condition

The Supreme Court has ruled that a student, who claims he failed the NEET due to being barred from bringing a handkerchief into the exam hall, which he needed for a medical condition, will not be permitted to retake the examination.

“Courts must be circumspect in entertaining an individual grievance relating to a public examination as it delays finalisation of result thereby seriously prejudicing (the) larger public interest,” the bench of Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra said in a judgment.

Talluri Srikar, who suffers from hyperhidrosis—a condition causing excessive sweating—claimed that the lack of a handkerchief, which he needs to manage the condition, caused him significant discomfort during the NEET-UG 2024 exam. However, the Supreme Court declined to entertain his appeal challenging a Telangana High Court order, which had rejected his request for a re-examination.
 
The Telangana High Court had noted that even if it were assumed that Srikar was wrongly denied permission to carry a handkerchief, this would not have significantly impacted his performance, as he could have wiped the sweat off his palms using his clothes. 

Srikar initially appealed to the National Testing Agency (NTA), seeking permission to sit for the re-examination granted to 1,563 candidates who had lost time due to a delay in receiving the correct question papers. After the NTA denied his request, Srikar moved the high court, which dismissed his plea on August 8.

According to Srikar, he suffers from constant sweating of his palms and soles due to hyperhidrosis. However, on the exam day in May, security personnel prevented him from carrying his handkerchief into the exam hall, which he claims severely hindered his ability to complete the exam within the allotted time.

“We have heard the father of the minor petitioner along with the petitioner, who appeared in person, and perused the materials on record,” Justice Misra, who wrote the judgment, said.

“Having given our thoughtful consideration to the submissions made, we are of the view that it is not a fit case for interference for the following reasons:

*There is no case that allotted time for giving the examination was not provided to the petitioner at the examination centre. Thus, the case of the petitioner is distinguishable from those 1,563 candidates for whom re-examination was conducted because of loss of examination time on account of delay in distribution of correct question paper.

*In the examination, answers were to be rendered by darkening blank circles on the OMR sheet. In such a case, the use of a pen or a pencil is much less than where answers are to be written. Hence, the view taken by the high court that denial of permission to take a handkerchief inside the examination hall would not have materially affected petitioner’s performance, as he could have rubbed his palms on his clothes, is a plausible view.

The court also cited the “larger public interest”.

The NEET 2024 brochure's section on "dress code" does not specifically mention handkerchiefs, although several coaching centers' websites list handkerchiefs, along with electronic items and other objects, as prohibited. 

While the brochure bans "heavy clothes and/or long sleeves" and shoes, it allows for "any deviation required due to unavoidable (medical, etc.) circumstances," provided that prior approval is obtained from the National Testing Agency (NTA) before the admit cards are issued.

 

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