The Council has the authority to cancel examinations in cases of mass malpractice, even without providing individual opportunities for defense, to maintain academic standards and prevent indiscipline.

PASAYAT, J.

( 1 ) PETITIONER, who was a candidate in the Annual+2 Arts Examination, 1996 conducted by the Council of Higher Secondary Education, Orissa (hereinafter referred to as 'council') has prayed for revaluation/re-checking of answer paper of English Paper-I as she has been awarded 0' (zero) mark. Prayer has also been made for re-checking of answer papers of certain other subjects, i. e. , History Papers-I and II. Petitioner had appeared as a candidate from Barapali College, Barapali where she was prosecuting her studies as a regular candidate.

( 2 ) FROM the counter affidavit filed by the Council, we find that because of resort to mass scale of mat-practice, result so far as examination of English Paper-I is concerned was cancelled and zero mark was awarded to each candidate in the said paper. Flying Squad of the Council visited the examination centre and found large number of candidates resorting to mal-practice, and suggested cancellation of the examination in respect of English Paper-I. Therefore, there is no scope for entertaining the writ application. Rejoinder affidavit has been filed by the petitioner stating that only 71 students were found resorting to mal-practice, when the Flying Squad visited, and considering large number of students, who appeared in the examination, question of cancellation of results of all the candidates is not proper, that too without observing principles of natural justice.

( 3 ) RECORDS were produced before us by the learned counsel appearing for the Council. Following observations were made by the Flying Squad which reached the examination centre at 3. 45 p. m. and remained there till 4. 40 p. m. :" (I) The general conditions around the examination centre was disturbing. (ii) General condition inside the Examination Hall was disturbing. (iii) Outsiders were present. (iv) No police protection was sought. (v) Examination was not conducted as per C. H. S. E. Rules. (vi) Rampant mal-practice was adopted inside the examination hall. (vii) Mal practice could not be detected and reported because it was not possible to search as the situation was beyond control. (viii) Majority were involved in malpractice. (ix) Some invigilators were abettors to malpractice. "

( 4 ) ACCORDING to S. 21 of the Orissa Higher Secondary Act, 1982 (in short, 'the Act), the Council shall constitute different committees, and one such committee constituted is the Examination Committee. Regulations are framed under S. 30 of the Act which inter alia deals with powers and duties of the Committees specified in S. 21. Regulation 77 of the Orissa Higher Secondary Education Regulations, 1982 (in short, 'the Regulations') deals with the powers of the Examination Committee. Clause (vii) thereof provides that the Examination Committee will consider the cases of malpractice and award of punishment to the candidates concerned.

( 5 ) MASS copying has not been defined in the Act or the Regulations. It has, therefore, to be understood in its common parlance. What could be considered mass copying cannot be laid down with mathematical precision. It has to vary and has to be decided on facts and circumstances of each case. Generally, it would be a case of copying by a vast majority or on a massive scale or in such large proportion that it was not possible to check it. It is the unwritten rule of any examination that it must be conducted fairly which would include the concept that the examinees must take the examination fairly. Adoption of unfair practice either individually or as mass is antithesis of fairness of the examination, and even in the absence of any specific rule for the purpose, the examining body has the power not to accept the result of the examination, and take action either against an individual or against all the examinees as a whole in case of mass involvement in unfair means. The rule is implicit in all examinations and hence the Council or the Committee is within its right to cancel the examination if such a rul