The Public Examination (Prevention of Unfair Means) Act, 2024 aims to enhance the integrity of public examinations by preventing malpractice and ensuring a fair evaluation process. This analysis delves into the key objectives of the Act, including stringent measures against cheating and the role of educational institutions, while also examining whether it extends to University and State Education Board examinations.

Q11. What are the aims and objectives of recently passed and enforced, The Public Examination (Prevention of Unfair Means) Act, 2024? Whether University/State Education Board examinations, too, are covered under the Act?

Model Answer:

Introduction

Recently, the Public Examinations (Prevention of Unfair Means) Act, 2024, was passed in the Parliament with the aim of curbing malpractice in public examinations and enhancing transparency, fairness, and credibility in the examination system. 

Body

Aims and objectives of the Act:

• Prevention of Unfair Means: The Act seeks to curb the use of unfair means, such as cheating, collusion, or conspiracy, in public examinations. It defines offenses related to unauthorized access to question papers, assisting candidates, and tampering with documents or computer systems during examinations.
• Ensuring Integrity: By addressing malpractices like leaking question papers and tampering with results, the Act ensures the integrity of public exams, safeguarding the interests of genuine candidates and maintaining public trust in the examination system.
• Deterring Organized Malpractice: The Act aims to deter organized groups or individuals who exploit vulnerabilities in the exam system for monetary or wrongful gains. Punishments, including imprisonment and heavy fines, are introduced to discourage such activities.
• Transparency and Accountability: The Act is designed to bring greater transparency and accountability in the conduct of public exams, reassuring candidates that their efforts will be evaluated fairly, without undue influence or malpractice.

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Coverage of the Act:

• As per the Act, public examinations refer to examinations conducted by authorities specified under the Schedule to the Act, or notified by the central government.  
• These include: (i) Union Public Service Commission, (ii) Staff Selection Commission, (iii) Railway Recruitment Board, (iv) National Testing Agency, (v) Institute of Banking Personnel Selection, and (vi) Departments of the central government and their attached offices for recruitment.
• The Act primarily targets public examinations related to recruitment for government jobs and other public institutions. 
• The Public Examination (Prevention of Unfair Means) Act, 2024, is a crucial step toward maintaining the credibility of India's public examination system. With its stringent measures and broad objectives, it addresses the pressing issue of exam-related malpractices, ensuring that merit, not manipulation, is the basis for selection. While University and State Board exams are not directly covered, the Act serves as a model framework and they can be included by further legislative steps in the future.
• Thus, University and State Education Board examinations are not directly covered under the scope of this Act. 
• However, The Act serves as a model draft for states to adopt, and it is expected that educational boards may consider implementing similar legislation to prevent unfair practices in academic exams at state and university levels.

Conclusion

The Public Examination (Prevention of Unfair Means) Act, 2024, is a crucial step toward maintaining the credibility of India's public examination system. With its stringent measures and broad objectives, it addresses the pressing issue of exam-related malpractices, ensuring that merit, not manipulation, is the basis for selection. While University and State Board exams are not directly covered, the Act serves as a model framework and they can be included by further legislative steps in the future.

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