The examining body has the power to cancel examination results in cases of mass malpractice, but it must consider all relevant reports and provide reasons for its decision.

PASAYAT, J.

( 1 ) THIRTY-NINE candidates, who appeared at the Annual +2 Science Examination of 1996 conducted by the Council of Higher Secondary Education. Orissa (in short, 'the Council') have assailed action of Council in directing cancellation of result so far as physics paper II is concerned, and award of 0 mark in respect of said paper to each candidate.

( 2 ) BY the impugned notification dt. 17-6l996 the Council has notified cancellation of examination in respect of various papers in various sittings of different colleges. Petitioners appeared as candidates of Dadhipsuan College, Puromunja in the district of Kechjhar. The examination on 24-1996 in respect of Physics Paper II was held in the first sitting of the day. Examination Committee of Council took note of available records on the conduct of examination, and was of the view that the examination was not conducted as per the Rules of the Council. In exercise of the powers vested in the Examination Committee by the Orissa Higher Secondary Education Act, 1982 (in short, 'the Act') and the Regulations framed thereunder, resolution was passed on 16-6-1996 for cancellation of the examination. It was further resolved that the benefit of Hard Case Rules was not to be extended to the candidates, and no further examination in respect of the paper/papers was to be held.

( 3 ) PETITIONERS have emphatically stated that the examination was conducted in most peaceful manner. Not even a single case of malpractice was detected, and therefore, the cancellation is mala fide. Their stand is supported by the Principal of the College, who has filed a counter affidavit.

( 4 ) COUNCIL has taken a positive stand in its counter affidavit that the Members of the Flying Squad who had visited the examination centre at the time of conduct of examination found that majority of the students were involved in malpractice, the invigilators were abettors to such malpractice. When the Flying Squad arrived at the College, the incriminating materials were thrown away through the windows, and were lying scattered inside and near the examination hall. Some printed materials were also found burning at a corner of half-constructed room of the college building.

( 5 ) MR. M. S. Panda, learned Counsel appearing for the petitioners submitted that there is no material whatsoever to link the candidates with the alleged materials found inside or outside the hall or being burnt. No incriminating material was seized from the possession of any candidate. Since the Principal has himself stated that the examination was being conducted in peaceful manner, report of the Flying Squad is found on incorrect materials and the cancellation is improper. Ii is further submitted that the principles of natural justice have been violated as no opportunity was granted to any candidate for having his or her say in the matter. Mr. S. D. Das, learned counsel for Council, however, submitted that in case of mass malpractice it is not a requirement to give notice to any individual candidate. Report of the Flying Squad amply reveals disorderly manner in which the examination was being conducted with active participation of invigilators. He produced before us the records containing the report of the Flying Squad and the materials annexed thereto.

( 6 ) ACCORDING to S. 21 of 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 deal with the 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.

( 7 ) MASS copying has not been defined in the Act or the Regulations. It has, therefore to be understood in