On November 18, the Supreme Court overturned a Madras High Court decision providing four grace marks for a question in which the testing organization had given incorrect answers to a failed NEET candidate from the Scheduled Caste category.

The Bench pronounced, "The petitioner attempted two questions from Section B as against 10 questions, and as a matter of fact, did not attempt question no. 97 at all. Hence, prima facie, it is being submitted that he is not entitled to the benefit of grace marks as awarded by the High Court. Issue notice. Counter-affidavit to be filed in two weeks. Pending further orders, there shall be a stay of the impugned judgement of the High Court."

The National Testing Agency sought the Supreme Court to contest the HC's directive. In a brief filed on behalf of the NTA before the Supreme Court's Bench of Chief Justice D.Y. Chandrachud and Justice Hima Kohli, Solicitor General of India Tushar Mehta criticised the High Court's decision on the grounds that the petitioner had not even attempted the relevant question. The Solicitor General said that "this will have a cascading impact if it is authorised."

The respondent's attorney asked that the candidate be permitted to take part in the counselling sessions. Chief Justice Chandrachud stated that he was unwilling to impose an exception for the petitioner who had been wronged "How will we make it possible for you to take part in the counselling? You are welcome to take part if they lower the cutoff. If we permit you to appear in counselling with 92 points, we must also permit other students who are SC and OBC applicants. This can't be allowed."

Case Title: The National Testing Agency v. T. Udhaykumar & Ors.

Citaton: SLP (C) No. 20361/2022