Back
2026 Supreme(Ori) 777
IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA, J.
Ayush Joshi and Others – Appellants
Versus
Central Board of Secondary Education, New Delhi and Others
W.P. (C) No. 7858 of 2026
Decided On : 10-04-2026
For the Appellant : Kunal Kumar Swain
For the Respondent: Tarananda Pattanayak
Cancellation of examination results without direct evidence of malpractice violates the principles of law regarding fairness and equality in education.
Headnote:(A) Constitution of India, 1950 - Articles 226 and 227 - Writ petition for quashing cancellation of examination results - Petitioners were regular students whose results were unjustly cancelled due to alleged malpractice, claiming discrimination under Article 14 - Impugned order unsupported by direct evidence. (Paras 4, 8, 10)
(B) Legal principles concerning examination conduct and malpractice - Courts should not substitute their views for examiners' authorities without sufficient evidence of malpractice. (Paras 7, 8, 9)
Facts of the case:
Petitioners were regular students of Class-XII, had performed well in the examination but their results were cancelled for alleged unfair means based on similarity in answers without concrete proof of malpractice.
Findings of Court:
Cancellation of results not sustainable; impugned order quashed, directing publication of results.
Issues: Whether cancellation of results based on past similar allegations is lawful?
Ratio Decidendi: No direct evidence of malpractice; conduct of examinations vested in authorities; principles of law require concrete proof for cancellation.
Result: Writ petition allowed in part, order quashed.
| Table of Content |
|---|
| 1. cancellation of exam results based on alleged malpractice (Para 1 , 2 , 3 , 4) |
| 2. analysis of procedural irregularities in result cancellation (Para 5 , 9) |
| 3. sustainability of order regarding cancellation under law (Para 6) |
| 4. legal precedents on malpractice and examination results (Para 8) |
| 5. findings and orders for reinstatement of results (Para 10 , 11 , 12 , 13) |
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 petitioners praying for quashing the impugned Order dated 26.05.2025 (Annexure-2) issued by the Central Board of Secondary Education, Regional Office, Bhubaneswar (Opp. Party No.2) and for issuance of necessary directions to the Opp. Parties to publish the result of the petitioners, in respect of their 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 petitioners.
2. The case of the petitioners is that, they (petitioners) were the regular students of Class-XII of Padampur Public School in the District of Bargarh. They (petitioners) appeared their Senior School Certificate Examination, 2025 (Class-XII) under the Central Board of Secondary Education in Odisha Adarsha Vidyalaya, Bandupali as the regular students on the basis of the admit cards vide Annexure-1 series issued to them by the CBSE (Opp. Party No.1). Though, in the said examination, they (petitioners) had done extremely well, but their results in the website were not published on dated 13.05.2025 reflecting in the Result Later (R.L) without awarding any mark in their any paper. Subsequently, the Principal, Padampur Public School, Padampur provided them the Official Order dated 26.05.2025 issued by the Opp. Party No.2 (Regional Director, Central Board of Secondary Education, Regional Office, Bhubaneswar) stating that, their results were shown as UFM (Unfair Means) for which, their result of 2025 in all subjects has been cancelled.
To which, the petitioners challenged by filing WPC No.34771 of 2025 praying for quashing the cancellation of their results and to direct the Opp. Parties to publish their results.
The said Writ Petition vide WPC No.34771 of 2025 of the petitioners was decided by this Court and the Judgment thereof was passed on dated 08.12.2025, wherein the petitioners were directed to submit a representation before the Opp. Party No.2.
Thereafter, the petitioners made a joint representation before the Opp. Party No.2 within the stipulated period, but still then, there was no response to the same by the Opp. Parties including the Opp. Party No.2.
3. For Which, the petitioners filed this Writ Petition praying for quashing the above Annexure-2 along with other relief as stated above.
4. As per the writ petition of the petitioners, though, the result of almost all candidates of the same centre has been published by the Opp. Parties, but their result has been cancelled by the Opp. Parties clandestinely taking a discriminating attitude towards them (petitioners). Therefore, the above Order dated 26.05.2025 (Annexure-2 series) regarding the cancellation of their entire result on the ground of malpractice in some subjects on the ground of giving similar answers with their adjacent students of the same centre cannot be sustainable under law.
5. I have already heard from the learned counsel for the petitioners and learned counsel Mr. T.N. Pattanayak for the Opp. Party Nos.1 to 3.
6. As per the rival submissions of the learned counsels of both of the sides, the crux of this writ petition is that “whether the impugned order dated 26.05.2025 Annexure-2 series issued by the C.B.S.E. regarding the cancellation of the results of Senior School Certificate Examination, 2025 (Class-XII) of the petitioners alleging their indulgence in adopting unfair means during examination in some subjects indicated in Anne
