In cases of mass malpractice, the examination as a whole may be cancelled without giving individual candidates an opportunity to defend themselves, to maintain discipline and academic standards.

JUDGMENT :

S.C. Parija, J. - The writ petition has been filed by the students of the Panchayat Samiti College, Saharapada, in the district of Keonjhar, challenging the Notification dated 18.5.2011 (Annexure-1), issued by the Council of Higher Secondary Education, Orissa, (the 'CHSE' for short) cancelling the 1st sitting examination in the subject English, held on 15.03.2011 at their College Centre of Annual Higher Secondary Examination, 2011, in Arts stream and awarding "0" mark. The case of the petitioners is that they had appeared in the subject English of Annual Higher Secondary Examination, 2011, from their College Centre as regular candidates on 15.03.2011. As they had prepared very well for the examination, they expected to get good marks in the said subject. The examination was conducted at their College Centre in a smooth manner and there was no untoward incident during the examination. The grievance of the petitioners is that when their result was published, they were shown to have failed in the subject English and they have all been awarded "0" mark. On enquiry from the Centre Superintendent it was ascertained that the examination in the subject English has been cancelled by the CHSE on the ground of mass malpractice and all students appearing from the College Centre have been awarded "0" mark in the said subject, though only four students were found to have resorted to unfair means and were booked under malpractice by the members of the Flying Squad, who had visited the College Centre on the date of the examination on 15.03.2011.

2. Learned counsel for the petitioners submits that as 171 candidates appeared in the examination, which was conducted in five different halls/rooms in the College Centre and only in one hall four candidates have been booked under malpractice, as has been reported by the members of the Flying Squad, the present petitioners, who were not the candidates sitting in the particular hall/room cannot be made to suffer, for the fault of those four candidates. In this regard, it is submitted that as the cancellation of the examination in the subject English and awarding "0" mark to the petitioner adversely affects their educational career, they should have been given an opportunity to explain, especially when there was no allegation against any of them of having resorted to the malpractice, as per the report of the Flying Squad. It is further submitted that the Examination Committee of CHSE has accepted the report of the Flying Squad mechanically and passed the impugned Notification dated 18.5.2011, cancelling the examination in the subject English and awarding "0" mark to the petitioners, without verifying the veracity of the allegations made therein. In this regard, it is submitted that the report of the Flying Squad cannot be accepted as gospel truth and therefore, it was the duty of the CHSE to make further enquiry and ascertain the correctness of the allegations detailed in the said report, before taking such drastic action thereon, involving the academic career of the petitioners.

3. Learned counsel for the petitioners has relied upon the decision of this Court in Governing Body, Jambeswar Mahavidyalaya Vs. Council of Higher Secondary Education and Another, in support of his contention that when there is no specific allegation of malpractice against any of the petitioners, the cancellation of their result on the ground of mass malpractice is not proper and justified. In this regard, learned counsel has also relied upon two other decisions of this Court in Principal, Ghanteswar Mahavidyalaya -Vrs- Council of Higher Secondary Education, Orissa Pragyapitha and seven others, 2008(II) OLR 302 and the case of M. Vinita and Others Vs. Council of Higher Secondary Education, .

4. The opposite parties have filed a counter affidavit stating therein that the petitioners who are students of Panchayat Samiti College, Saharapada, had appeared in the 1st sitting in the subject English on 15.3.2011 from their Coll