SC stays Madras HC order granting grace marks to unsuccessful NEET candidate

The Supreme Court in the case The National Testing Agency v. T. Udhaykumar & Ors observed and has 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 the testing agency has provided wrong answers.

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However, the petitioner, who has scored 92 marks against the cut-off of 93, did not attempt the particular question and in a fear that he might get negative marks. The aggrieved candidate made an appeal before the National Testing Agency and the same was rejected. In October, the bench led by the High Court by Acting Chief Justice T. Raja directed that he be granted the additional marks, therefore, enabling him to meet the prescribed cut-off. It has been noted by the bench of High Court that the NTA, being instrumentality of the State, cannot refuse to award the four marks to the appellant who belongs to weaker section of society.