2026 Supreme(Ori) 785
ORISSA HIGH COURT: CUTTACK
ANANDA CHANDRA BEHERA, J.
Sri Srinibash Patel, (Minor), represented through his father guardian, Sri Santanu Patel – Petitioner
Versus
Central Board of Secondary Education, represented through its Chairman & Others - Opposite Parties
WP(C) No.7690 of 2026
Decided On : 10-04-2026
For the Petitioners:Mr. Kunal Kumar Swain, Advocate
For the Opposite Parties : Mr. Tarananda Pattanayak, Adv.
The cancellation of examination results on grounds of unfair means requires substantial proof, not mere conjectures, ensuring the right to equality is protected under constitutional law.
Headnote:(A) Constitution of India, 1950 - Articles 226 and 227 - Writ petition for quashing the cancellation of examination results - Cancellation based on alleged use of unfair means due to similarity of answers - Court found no direct evidence or prior complaints of malpractice - Law requires concrete proof for such punitive actions. (Paras 8 to 10)
(B) Educational Authorities - Duty to conduct examinations and determine malpractice lies primarily with institutional authorities - Courts should refrain from substituting their views in disciplinary matters without adequate evidence. (Paras 8 and 9)
Facts of the case:
The petitioner, a minor represented by his father, was a regular student of Class-XII who claimed he performed well in his examinations, yet his result was canceled based on UFM allegations without any substantive proof or due process, while others from the same centre had their results published.
Findings of Court:
The court found the cancellation of the petitioner's result was unjustified due to lack of direct evidence of malpractice, hence quashed the order and directed the publication of his examination results.
Issues: The primary legal issue was whether the cancellation of the petitioner's examination results due to alleged malpractice was sustainable under law.
Ratio Decidendi: The court held that decisions regarding examination conduct must be based on solid evidence rather than conjectures, reaffirming the legal principle concerning the authority of educational institutions to act reasonably and without bias.
Result: Writ petition allowed in part; the cancellation of results quashed and ordered for results to be published.
| Table of Content |
|---|
| 1. nature of the petition and background of the case (Para 1 , 2 , 3) |
| 2. allegations of discrimination and legal sustainability (Para 4 , 6) |
| 3. court's analysis on evidence and procedure (Para 5 , 7 , 9) |
| 4. legal precedents on malpractice allegations (Para 8) |
| 5. judgment and directions given (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 petitioner praying for quashing the impugned Order dated 26.05.2025 (Annexure-4) 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 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 the 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 as the regular student on the basis of the admit cards 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 not published on dated 13.05.2025 reflecting in the Result Later (R.L) without awarding any mark in his any paper. Subsequently, the Principal, Padampur Public School, Padampur provided him the Official Order dated 26.05.2025 (Annexure-4) issued by the Opp. Party No.2 (Regional Director, Central Board of Secondary Education, Regional Office, Bhubaneswar) stating that, his result was shown as UFM (Unfair Means) for which, his result of 2025 in all subjects has been cancelled.
3. For Which, the petitioner filed this Writ Petition praying for quashing the above Annexure-4 along with other relief as stated above.
4. As per the writ petition of the petitioner, though, the result of almost all candidates of the same centre has been published by the Opp. Parties, but his result has been cancelled by the Opp. Parties clandestinely taking a discriminating attitude towards him (petitioner). Therefore, the above Order dated 26.05.2025 (Annexure-4) regarding the cancellation of his entire result on the ground of malpractice in some subjects on the ground of giving similar answers with his adjacent students of the same centre cannot be sustainable under law.
5. I have already heard from the learned counsel for the petitioner 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-4 issued by the C.B.S.E. regarding the cancellation of the result of Senior School Certificate Examination, 2025 (Class-XII) of the petitioner alleging their indulgence in adopting unfair means during examination in some subjects indicated in Annexure-4 on the ground of giving similar answers in some questions with other students in the same centre is sustainable under law?”
7. It is the undisputed case of the parties that,
“neither the centre, in which the petitioner had appeared examination was scratched on the ground of mal practice nor any report was there from the principal, centre superintendent, invigilators or any flying squad about any mal practice by any students including the petitioner or any incriminating material was found from the possession of the petitioner or from the examination hall.
The result of Senior School Certificate Examination, 2025 (Class-XII) of the said centre, in which the petitioner had appeared has not been cancelled except the petitioner along wi