Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ori) 3257

ORISSA HIGH COURT
Ananda Chandra Behera, J
Sourav Pradhan – Appellant
Versus
Central Board of Secondary Education – Respondent
WP(C) No.31653 of 2025

Advocates:
For the Appellants/Petitioners: Kunal Kumar Swain
For the Respondents: T. Pattanayak

Cancellation of examination results based solely on inferred similarity of answer patterns without direct evidence or contemporary reports of malpractice from examination officials is legally unsustainable and violates the constitutional right to equality and principles of administrative fairness.

Headnote:(A) Constitution of India - Articles 226 and 227 - Examination regulations - Cancellation of result - Allegations of unfair means based on similar answer patterns - Lack of direct evidence or incriminating material from examination center staff - Principles of natural justice and right to equality. (Paras 6, 7, 8)

(B) Administrative Law - Decision-making process - Requirement for concrete evidence - Prohibition of arbitrary 'pick and choose' methods - Decisions cannot be based on conjectures, surmises, or subjective inferences - Need for objective proof in cases of disciplinary action against examinees. (Paras 8, 9)

Facts of the case:
The petitioner appeared for an academic board examination. The conducting body subsequently cancelled the result for specific subjects, alleging the adoption of unfair means due to a similarity in answers compared to adjacent candidates. No evidence of malpractice was recorded by the invigilators, center superintendent, or flying squad during the examination process. While the results of other students at the same center were published, the petitioner's results were singled out for cancellation, prompting this challenge.

Findings of Court:
The court determined that cancellation based on post-hoc analysis of answer similarity without direct evidence of wrongdoing is legally unsustainable. The failure to record any malpractice during the conduct of the exam, coupled with the selective cancellation of the petitioner's results while others were cleared, evidenced an arbitrary and discriminatory administrative exercise that violates the right to equality.

Issues: Whether the cancellation of an examination result based on inferred similarity of answers without direct incriminating evidence or contemporaneous reports of malpractice is legally valid, and whether such action constitutes discriminatory treatment under established administrative principles.

Ratio Decidendi: Administrative authorities are required to base disciplinary conclusions in examination matters on concrete evidence rather than conjectures. Without direct proof of malpractice, and in the absence of valid reasoning for selective action against a single candidate at a center where others were not penalized, such cancellation constitutes an arbitrary use of power that cannot be sustained in law.

Result: Writ petition allowed. Impugned cancellation order quashed. Respondents directed to publish the results within the stipulated period.

Table of Content
1. factual background of the ufm allegation and legal history of the dispute. (Para 1 , 2 , 3 , 5 , 7)
2. petitioner's contention regarding discriminatory and evidence-less cancellation of exam results. (Para 4 , 6)
3. examination cancellation requires direct evidence rather than conjecture or surmise. (Para 8)
4. court holds cancellation unsustainable lacking concrete evidence, directing result publication. (Para 9 , 10 , 11 , 12)

An application under Articles 226 & 227 of the Constitution of India.

***

Date of Hearing : 11.03.2026 :: Date of Judgment : 20.03.2026

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, 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 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, Padampur provided the official order dated 26.05.2025 issued by the Regional Direction, Central Board of Secondary Education, Regional Office, Bhubaneswar (Annexure-3) stating that, the result of the petitioner in two subjects i.e. Chemistry (Subject Code: 043) and Biology (Subject Code:044) were cancelled on the ground of adoption of unfair means (UFM) during examination as in respect of Chemistry it was alleged that, the language used for writing answers are found same with many adjacent students of the examination hall. So far as the subject Biology is concerned, it was mentioned that, in all the sets, most of the answers were written in same pattern with many adjacent students of the examination hall. For which, his entire result of 2025 was cancelled.

To which, the petitioner challenged by filing WPC No.16032/2025 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.16032/2025 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.16032/2025 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 answering yes or no such as i) whether he has adopted unfair means or not, ii) what is the name of his principal iii) Do you know the invigila

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2026 Supreme(Online)(Ori) 3257

ORISSA HIGH COURTAnanda Chandra Behera, JSourav Pradhan – AppellantVersusCentral Board of Secondary Education – RespondentWP(C) No.31653 of 2025

Cancellation of examination results based solely on inferred similarity of answer patterns without direct evidence or contemporary reports of malpractice from examination officials is legally unsustainable and violates the constitutional right to equality and principles of administrative fairness.

Cases Referred (2)

ORISSA HIGH COURT
Ananda Chandra Behera, J
Sourav Pradhan – Appellant
Versus
Central Board of Secondary Education – Respondent
WP(C) No.31653 of 2025