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.

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 (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 provided the official order dated 26.05.2025 issued by the Regional Direction, Central Board of Secondary Education, Regional Office, Bhubaneswar (Annexure-3) to the petitioner stating that, in two subjects i.e. Chemistry (Subject Code:043) and Mathematics (Subject Code: 041), the result of the petitioner has been cancelled on the ground of adoption of unfair means (UFM), as in respect of the subject Chemistry, the language used therein for writing answers were same with many adjacent roll numbers and in respect of the subject i.e. mathematics is concerned, the writing process of the answers were the same in several questions with several adjacent students.

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 yes or no such as i) whether he/she has adopted unfair means or not, ii) what is the name of his/her principal iii) do you know the invigilators etc..

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, Bhubaneswar (Opp. Party No.3) on behalf of Opp. Party No.1 (CBSE) to the petitioner informing him that:

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