Court ruled that the cancellation of examination results based on presumptions without direct evidence violates the principles of equal protection and due process.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned memorandum dated 08.10.2025 (Annexure-6) issued by the Under Secretary (Confidential), Central Board of Secondary Education, Regional Office, Bhubaneswar (Opp. Party No.3) and for issuance of necessary directions to the Opp. Parties to publish the result of the petitioner, in respect of his Senior School Certificate Examination, 2025 (Class-XII) within a stipulated time and to pass such other order/orders or direction/directions as the Courts deems fit and proper in order to give complete relief to the petitioner.

2. The case of the petitioner is that, he petitioner was a regular student of Class-XII of Padampur Public School in the District of Bargarh. He (petitioner) appeared his Senior School Certificate Examination, 2025 (Class-XII) under the Central Board of Secondary Education in Odisha Adarsha Vidyalaya, Bandupali in the District of Bargarh as a regular student on the basis of the admit card vide Annexure-1 issued to him by the CBSE (Opp. Party No.1). Though, in the said examination, he (petitioner) had done extremely well, but his result in the website was published on dated 13.05.2025 in Annexure-2 reflecting as UFM (Unfair Means) and no marks were awarded to him in any paper. Subsequent thereto, the Principal, Padampur Public School, Padampur provided the official order dated 26.05.2025 issued by the Regional Direction, Central Board of Secondary Education, Regional Office, Bhubaneswar (Annexure-3) stating that, the result of the petitioner in two subjects i.e. Chemistry (Subject Code: 043) and English (Subject Code:301) were cancelled on the ground of adoption of unfair means (UFM) during examination as in respect of Chemistry it was alleged that, the language used for writing answers are found same with many adjacent students of the examination hall. So far as the subject English is concerned, it was mentioned that, in all the sets, most of the answers were written in same pattern with many adjacent students of the examination hall. For which, his entire result of 2025 was cancelled.

To which, the petitioner challenged by filing WPC No.15942/2025 praying for quashing the cancellation of his result and to direct the Opp. Parties to publish his result. The said Writ Petition vide WPC No.15942/2025 of the petitioner was decided analogously with other writ petitions by this Court and the Judgment thereof was passed on dated 15.09.2025 as per Annexure-4, wherein, the C.B.S.E (Opp. Party No.1) was directed to make an enquiry in terms of Bye- Laws 36 of the CBSE after giving reasonable opportunity of participation to the petitioner stipulating the outer limit of that enquiry within two weeks keeping all the contentions of the parties open.

In pursuance to the said analogous Judgment passed on dated 15.09.2025 in WPC No.15942/2025 along with other WPCs vide Annexure-4 by this Court, the CBSE (Opp. Party No.1) conducted an enquiry into the matter through its UFM Sub-Committee and during the course of that enquiry, the UFM Sub-Committee of the CBSE supplied a printed format to the petitioner asking him 18 questions in the form of answering yes or no such as i) whether he has adopted unfair means or not, ii) what is the name of his principal iii) Do you know the invigilators etc.

Out of the said 18 questions, the above 3 questions were not related to the subjects in question and 6 questions were asked to the petitioner in respect of various subjects such as: Physics, English, Chemistry, Mathematics, Economics and Biology and most of the questions were not related to the subjects i.e. Chemistry and English, in respect of which, there was allegation of malpractice against the petitioner.

3. Thereafter, a copy of the memorandum dated 08.10.2025 vide Annexure-6 was issued by the Under Secretary (Confidential), Central Board of Secondary Education, Bhub