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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT
Oum Sai Avatar – Appellant
Versus
Central Board of Secondary Education – Respondent
| Table of Content |
|---|
| 1. petitioners accuse cbse of unfair treatment. (Para 1) |
| 2. petitioners argue violation of natural justice. (Para 2) |
| 3. cbse defends actions as justified due to malpractice. (Para 3) |
| 4. court finds cbse's rules not properly adhered to. (Para 4) |
JUDGMENT :
DIXIT KRISHNA SHRIPAD, J.
1. All these petitioners appeared in the Board of Secondary School Certificate Examination- 2025 (Class-X/Class-XII) conducted by the Central Board of Secondary Education (CBSE), a registered Society, which regulates & supervises inter alia the conduct of such examinations periodically & on regular basis. Results of petitioners have not been announced on the ground that they had adopted “UNFAIR MEANS” (UFM), although results of other candidates have been webhosted on 26.05.2025. Aggrieved thereby, they are complaining before the Writ Court.
2. Submissions made on behalf of petitioners:
(i) The action of the Board in treating the case of petitioners as of UFM, being unilateral, is contrary to law, facts & evidence borne out by record. There is a gross violation of principles of natural justice to the prejudice of petitioners.
(ii) There is absolutely no reason or rhyme to attribute the stigma of UFM
The court emphasized the necessity of adhering to examination Bye-Laws and principles of natural justice for fair assessment in academic settings.
The cancellation of exam results for alleged unfair means without direct evidence or proper justification violates procedural fairness and equality rights under the Constitution.
Cancellation of examination results without direct evidence of malpractice violates fundamental rights and lacks legal sustainability.
The cancellation of examination results based on unproven allegations of unfair means, without substantial evidence, is legally unsustainable and discriminatory, violating principles of fairness in e....
Exam results cannot be cancelled without direct evidence of unfair means; lack of due process and discrimination in similar treatment of candidates violates principles of justice.
Cancellation of examination results for alleged malpractice requires concrete evidence rather than mere presumption; fairness and due process must be maintained in academic assessments.
The court upheld the university's decision to cancel examinations due to proven use of unfair means, affirming that due process was followed, according to the governing ordinance.
Examination result cancellations based on unproven allegations of malpractice are invalid unless supported by direct evidence, affirming the petitioners' right to equal treatment under law.
Court ruled that the cancellation of examination results based on presumptions without direct evidence violates the principles of equal protection and due process.
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