The absence of formal charges against candidates involved in exam malpractice renders extended penalties disproportionate and unjust, necessitating procedural fairness in disciplinary actions.

JUDGMENT :

Biraja Prasanna Satapathy, J.

Since the issue involved in the present batch of writ petitions is identical, all the matters were heard analogously and disposed of by the present common order.

2. All the writ petitions have been filed inter alia challenging order dtd.12.05.2025 so passed by the authorities of Odisha Staff Selection Commission (in short Commission), whereby Petitioners have been debarred to appear in any examination conducted by the Commission for a period of 6 years starting from 16.07.2023 to 15.07.2029 and with a further order to cancel the candidature in all examination in which Petitioners have approached w.e.f.16.07.2023 to the date of passing of the order.

3. Learned Sr. Counsel appearing for the Petitioners in the present batch of writ petitions, contended that initially the Commission issued an advertisement on 02.11.2022 inviting applications to fill up 1008 posts of Junior Engineer (Civil) through direct recruitment. In pursuance of the said advertisement, all the Petitioners participated in the preliminary examination so held on 04.06.2023.

3.1. While Petitioner in W.P.(C) No. 14056 of 2025 qualified in the preliminary examination, result of which was published on 17.06.2023, Petitioners in W.P.(C) Nos. 16050, 16595 & 19076 of 2025 could not qualify in the preliminary examination.

3.2. It is contended that after publication of the result of the preliminary examination so held on 04.06.023 on 17.06.2023, in terms of the advertisement, the qualified candidates appeared the main written examination so held on 16.07.2023. However, the Commission vide its notice dtd.23.07.2023, cancelled the main written examination held on 16.07.2023 and in the said notice it was proposed to hold the main written examination afresh on 03.09.2023.

3.3. However, prior to such conduct of the main written examination afresh so fixed to 03.09.2023, basing on the report submitted by the Superintendent of Police, Balasore and further report submitted by the Superintendent of Police on 28.07.2023, basing on the report of the Inspector-in-Charge, Sahadevkhunta Police Station dtd.27.07.2023 regarding involvement of 17 nos. of accused persons with regard to leaking of the question papers of the Main written examination so held on 16.07.2023, all the Petitioners were issued with the show-cause on 28.07.2023 in terms of the provisions contained under Rule 18 of the Odisha Staff Selection Commission Rules, 1993 (in short Rules).

3.4. It is contended that such a show-cause was issued inter alia with the allegation that the Petitioners have illegal access of the question papers of the main written examination held on 16.07.2023.

3.5. It is contended that Petitioners even though submitted their reply to the show-cause notice dtd.28.07.2023 before the Secretary of the Commission and in their replies, it was clearly indicated that Petitioners are having no illegal access to the question papers of the main written examination held on 16.07.2023, but without proper appreciation of the reply so submitted, the main written examination was conducted afresh on 03.09.2023. Those of the candidates who had qualified the preliminary examination, result of which was published on 17.06.2023, were allowed to take part in the main written examination conducted afresh on 03.09.2023. However, after publication of the result of the main written examination on 30.09.2023 and verification of the documents of the selected candidates on 11.10.2023, the Commission published the final result of 1008 selected candidates as against 1008 posts of Junior Engineer (Civil) so advertised. Even though the Commission published the final select list of 1008 candidates, but 950 selected candi