Context
The Bihar Assembly passed the ‘Bihar Public Examinations (Prevention of Unfair Means) Bill’ to address question paper leaks and other malpractices in government recruitment examinations.
Recent Cases of Paper Leaks
- NEET-UG medical entrance examination, 2024
- Rajasthan Eligibility for Elementary Teachers, 2023
- Uttarakhand Subordinate Service Selection Commission Examination, 2023
- UP Constable Recruitment and Promotion Exam, 2023
Negative Impacts of Paper Leaks
- Erosion of Meritocracy: Paper leaks compromise the principle of merit, creating an unfair advantage for those involved.
- Mental and Physical Fatigue: Students who prepare diligently feel cheated, resulting in stress and burnout.
- Disproportionate Impact: Repeated examination fees and preparation costs heavily burden students from rural and marginalized communities.
- Loss of Trust and Confidence: Frequent paper leaks erode trust in the examination system, leading to decreased confidence in one’s abilities.
- Delayed Career Progression: Paper leaks disrupt academic calendars, delaying career opportunities and exacerbating the job crisis with the cancellation of recruitment lists.
Causes
- Internal Leakage: Individuals within the examination system, such as teachers, examiners, or administrative staff, leaking the question paper.
- Organised Activities: Gangs operating in Bihar were responsible for the NEET paper leakage.
- Lack of Special Investigation Agency: There is no specialized agency to investigate examination offenses and bring speedy justice.
- Technological Vulnerabilities: Cyberattacks and data breaches can result in paper leaks of online exams.
- High Stakes Examinations: Competitive exams with limited seats often lead to increased pressure to obtain the question paper illegally.
Steps Taken
- Public Examinations (Prevention of Unfair Means) Act, 2014: Aimed at bringing greater transparency, fairness, and credibility to the public examination system.
- National Testing Agency (NTA): Established as a specialized body to make the examination system more scientific, reliable, and professional.
- Digitalization: Transition to online mode reduces the risk of physical paper leaks.
- Advanced Security Features: OMR sheets with barcodes encoded with student information and paper details, making them difficult to replicate.
Way Forward
- Fast-Track Courts: Setting up dedicated courts to expedite trials.
- Provide Compensation: Compensate students for preparation, emotional toll, and financial costs incurred.
- Strengthened Security Measures: Increase surveillance, use of technology, and secure question paper handling procedures.
- Enhance Penalties and Strengthen Enforcement: All states should impose harsh punishments and strict measures as per the Public Examinations Prevention of Unfair Means Act.
The Bihar Public Examinations (Prevention of Unfair Means) Act, 2024
Features
- All offenses are cognizable and non-bailable.
- Investigations into paper leaks will be conducted by officers of the rank of Deputy Superintendent of Police (DSP).
Punishment and Penalty
- Imprisonment ranging from 3 to 5 years and a fine of ₹10 lakh for individuals.
- Penalty of ₹1 crore and suspension of services for up to 4 years for service providers.
- Seizure of assets in cases of organized crime.
Other State Government Acts
- Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2023
- Jharkhand Competitive Examination (Measures for Control and Prevention of Unfair Means in Recruitment) Act, 2023
- Uttarakhand Competitive Examination (Measures for Control and Prevention of Unfair Means in Recruitment) Act, 2023
- Gujarat Public Examination (Prevention of Unfair Methods) Act, 2023
- Haryana Public Examination (Prevention of Unfair Means) Act, 2021