Mumbai: The Maharashtra State Legislative Council on Thursday took a significant step towards strengthening the examination system in the state by passing the Maharashtra Competitive Examination (Prevention of Unfair Means) Act, 2024. This new legislation aims to tackle the menace of exam malpractices head-on by making the related offences cognizable, non-bailable, and non-compoundable.
The move comes in the wake of a spate of paper leak cases in the state, which has raised concerns about the integrity of competitive examinations. In recent times, Maharashtra has witnessed a string of exam paper leaks, leading to widespread discontent and calls for stricter measures to prevent such incidents. The state government has taken cognizance of these concerns and has introduced this new bill to address the issue.
A major controversy erupted after the National Eligibility cum Entrance Test (NEET-UG) took place on May 5, with the results being declared on June 4. However, the examination was soon shrouded in controversy following reports of question paper leaks in states like Bihar, amidst allegations of widespread irregularities. In response, the Ministry of Education took decisive action by cancelling two other high-stakes exams, the University Grants Commission-National Eligibility Test (UGC-NET) and NEET (postgraduate), after receiving intelligence that the integrity of these exams may have been compromised.
The proposed legislation stipulates that offenses related to competitive examinations will be treated as cognizable, non-bailable, and non-compoundable crimes. Under the new law, individuals found guilty of engaging in unfair means or offenses during competitive exams will face a minimum sentence of three years' imprisonment, with the possibility of an extended term of up to five years. In addition to imprisonment, offenders will also be liable to pay a fine of up to ₹10 lakh.
Minister Shambhuraj Desai stated, "In exams where students prepare in advance, question papers are often leaked. Due to such complaints, the government has taken this decision. Previously, the penalty was one year and a fine was only of ₹1,000. A committee, chaired by Kishor Raje Nimbalkar, studied provisions from other states and recommended penalties of three to five years' imprisonment and fines up to ₹1 crore for those involved in cheating. This new law aims to benefit students by preventing all forms of malpractice. The companies involved in this will be blacklisted."
Congress MLC Rajesh Rathod said, "In rural areas, parents often crowd exam centers with their children, creating obstacles for the police. Exams conducted in rural regions should also be included in this law." BJP MLC Vijay Girkar questioned, "We welcome the government's law and the penalties for offenders. Along with taking action on companies, will the directors also face fines or punishment?"
BJP MLC Pravin Datke added, "It's not just one person leaking the paper; it’s a team crime. Will you apply MCOCA to them? Whether it's a peon or a shopkeeper, will you apply MPDA? Just like there’s a 200-meter no-entry zone during voting, will you implement a similar rule for exams?" Another BJP MLC Ram Shinde said, "The intent behind the ₹1 crore fine and imprisonment is not just to punish, but to prevent such mistakes. It’s unfair to hardworking students. There’s chaos at exam centers. This law should apply not only to competitive exams but also to 10th and 12th-grade exams and other courses."
MLC Arun Lad highlighted, "More important than the law itself is its implementation. Instead of assigning this work to select companies, the government should handle it. There should be a capable commission, with control given to commissioners and officers." Additionally, NCP MLC Amol Mitkari said, "The recent NEET paper leak example is fresh in our minds. This is a large chain involving private coaching classes too, and attempts are made to leak papers through advertisements. Poor students suffer injustice."
In response Minister Desai said, "Similar issues have been observed in Rural areas too, and the government will extend these measures to other exams along with Competitive Exams if necessary. A 200-meter restriction zone around exam centers will also be implemented to ensure strict compliance."
