Cancellation of examination results for alleged malpractice requires concrete evidence rather than mere presumption; fairness and due process must be maintained in academic assessments.

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-10) 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 her Senior School Certificate Examination (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, she petitioner was a regular student of Class-XII of Odisha Adarsha Vidyalaya, Bandupali in the District of Bargarh. She (petitioner) appeared her Senior School Certificate Examination, 2025 (Class-XII) under the Central Board of Secondary Education in Padampur Public School Centre as a regular student on the basis of the admit card vide Annexure-1 issued to her by the CBSE (Opp. Party No.1). Though, in the said examination, she petitioner had done extremely well, but her result in the website was published on dated 13.05.2025 in Annexure-2 reflecting as R.L., (Result Later, Your result is under preparation and it will be declared soon). Subsequent thereto, the mark Statement- cum-Certificate of the petitioner was communicated to her as per Annexure-3 through Adarsha Vidyalaya, Bandupali without awarding any mark to her in any subject indicating that, UNM (Unfair Means). So, she (petitioner) sought for information from the Odisha Adarsha Vidyalaya, Bandupali under The Right to Information Act, 2005 regarding the cause of withholding her result. In response to the same, the Principal Odisha Adarsha Vidyalaya, Bandupali wrote a letter on dated 31.05.2025 to the Opp. Party No.2 (Regional Director, Central Board of Secondary Education, Regional Office, Bhubaneswar). The Opp. Party No.2 answered to the same through Annexure-4 series stating that, as the results 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 most of her answers in Multiple Choice Questions (MCQs) in Chemistry subjects and the answers in question Nos.12 & 13 in English Subject were similar with several other adjacent students of the centre, therefore, as per Paragraph No.5(e) of the Annexure-4 of their Bye-Laws, the result of the petitioner in all subjects have been cancelled.

To which, the petitioner challenged by filing WPC No.16697/2025 praying for quashing the cancellation of her result and to direct the Opp. Parties to publish her result. The said Writ Petition vide WPC No.16697/2025 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-7, 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.16697/2025 along with other WPCs vide Annexure-7 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-C