TOI Education
Jul 5, 2024
The cancellation of the University Grants Commission-National Eligibility Test (UGC-NET) marks a significant moment as it is the first time a centrally-conducted public examination has been scrapped after Parliament passed a tough new law to prevent paper leaks in February. UGC-NET 2024 was cancelled on June 19 after the Union Home Ministry found that the “integrity of the examination may have been compromised”. This exam, taken by more than 9 lakh candidates in 317 cities, is crucial for admission to PhD programs and for applying to entry-level teaching positions at Indian universities.
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The cancellation of UGC-NET has significant repercussions for the academic and professional aspirations of thousands of candidates. This action highlights the government's commitment to upholding the integrity of public examinations and ensuring that the selection process remains fair and transparent. The cancellation also underscores the necessity for stringent measures to prevent paper leaks and other forms of malpractice in public examinations, which have historically disrupted the academic careers of many students.
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The Public Examinations (Prevention of Unfair Means) Bill, 2024, was introduced in the 17th Lok Sabha on February 5 and passed the following day, with Rajya Sabha passing it on February 9. The Bill aims to prevent “unfair means” in public examinations to bring greater transparency, fairness, and credibility to the examination system. This law is a response to the increasing instances of paper leaks and examination fraud, which have undermined the trust in the public examination process.
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Under Section 3 of the Act, "unfair means" in public examinations includes at least 15 specific actions such as the leakage of question papers or answer keys, unauthorized possession of examination materials, tampering with answer sheets, providing unauthorized assistance during exams, and creating fake websites or conducting fake examinations. These actions are classified as illegal and are subject to strict penalties under the new law, aiming to curb malpractice comprehensively.
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The Act defines "public examinations" as those conducted by specified public examination authorities such as the Union Public Service Commission (UPSC), Staff Selection Commission (SSC), Railway Recruitment Boards (RRBs), Institute of Banking Personnel Selection (IBPS), and the National Testing Agency (NTA). These authorities are responsible for conducting key examinations like the Civil Services Examination, JEE (Main), NEET-UG, and UGC-NET, among others. The central government retains the power to add new authorities to this list as needed.
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Section 9 of the Act stipulates that all offences are cognizable, non-bailable, and non-compoundable, meaning arrests can be made without a warrant, bail is not guaranteed, and cases cannot be withdrawn even if a compromise is reached. Violations can result in imprisonment from three to five years and fines up to Rs 10 lakh. Service providers involved in examination misconduct can face fines up to Rs 1 crore. Organised paper leaks face harsher penalties, including imprisonment from five to ten years and fines starting from Rs 1 crore.
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The Act provides for stringent punishments for organized crimes related to public examinations. Organised crime, defined as unlawful activities by a group conspiring for wrongful gain in exams, can result in imprisonment for a minimum of five years, extending up to ten years, and fines starting from Rs 1 crore. These measures aim to dismantle organized networks that systematically exploit public examinations for monetary or wrongful gains.
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The primary objective of the Bill is to bring greater transparency, fairness, and credibility to public examination systems. By implementing strict measures against unfair practices, the law seeks to reassure the youth that their sincere and genuine efforts will be fairly rewarded, ensuring their future is safeguarded. This is essential to maintain the integrity of the educational system and to foster trust among students and stakeholders.
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The Bill aims to effectively and legally deter individuals, organized groups, or institutions that engage in unfair means to manipulate public examinations for monetary or wrongful gains. By imposing severe penalties and ensuring rigorous enforcement, the law seeks to prevent malpractice, protect the interests of honest candidates, and uphold the sanctity of public examinations, ultimately contributing to a more just and equitable academic environment.
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