The CBSE alleged that the student had indulged in malpractice because his answers in certain subjects were strikingly similar to those of adjacent students. (Image generated using AI)Orissa High Court news: The Orissa High Court has quashed an order issued by the Central Board of Secondary Education (CBSE) that cancelled the Class 12 results of a student on the grounds of “unfair means” based solely on the similarity of his answers to those of students seated adjacent to him.Justice Ananda Chandra Behera was dealing with the plea of the student challenging the CBSE order. Justice Ananda Chandra Behera said the CBSE’s conduct ultimately affected the petitioner’s right to equality.“When there is no authentic/concrete legal proof before the CBSE to reach a definite conclusion that the petitioner had adopted malpractice during examination in respect of some answers in some subjects, then, at this juncture, the cancellation of the result of the petitioner cannot be sustainable under law,” the Orissa High Court said on April 10.Also Read | ‘Careers at stake’: Delhi High Court orders CBSE to fix errors as students assigned wrong subjects for Class 12 boardsBackgroundThe petitioner, a minor, was a regular Class 12 student at Padampur Public School in Bargarh district and was represented by his father. He appeared for the Senior School Certificate Examination, 2025, at Odisha Adarsh Vidyalaya, Bandupali examination centre, the Orissa High Court was informed.While the results for almost all other candidates at the centre were published on May 13, 2025, his outcome was withheld and marked as “result later”. Subsequently, the CBSE regional office in Bhubaneswar issued an order on May 26, 2025, cancelling the student’s entire 2025 result.The board alleged that the student had indulged in malpractice because his answers in certain subjects were strikingly similar to those of adjacent students.The minor claimed that the board published the results of almost all candidates from the same centre, but cancelled his result.Story continues below this adAlso Read | Pending criminal cases no ground to reject passport applications, Andhra Pradesh High Court rulesCourt’s findingsThe CBSE published the final results of all the students of the same examination centre, except the petitioner and a few students alleging malpractice against the petitioner.It has been done based on inferences, surmises and conjectures without any direct evidence/material relating to the so-called malpractice, adopting a discriminatory attitude.The conduct of the board has ultimately affected the petitioner’s right to equality guaranteed under Article 14 of the Constitution.The propositions of law have already been clarified in cases like the Board of Secondary Education, Orissa, Cuttack v. Gayatri Hota and Others, which held that there was a possibility of some similarity in answers as the questions were objective in nature and those were short questions. Based on suspicion, a positive decision cannot be arrived at.In a case between Chairman, J and K State Board of Education v. Feyaz Ahmed Malik and others, the Orissa High Court said that in matters concerning campus discipline of educational institutions and conduct of examinations, the duty is primarily vested in the authorities in-charge of the institution, and in such matters the court should not try to substitute its own views in place of the concerned authorities nor thrust its views on them.No proof of malpractice: OrderThe Orissa High Court noted that the CBSE’s decision lacked “authentic/concrete legal proof.” It highlighted that there were no reports of malpractice from the centre superintendent, invigilator, or the flying squad during the examination.Also Read | ‘Right to vote, contest elections not fundamental right’: Supreme CourtThe court continued that no incriminating materials were found in the petitioner’s possession within the examination hall, and the examination centre itself was not “scratched” or penalised for widespread malpractice.The Orissa High Court found that cancelling the result based on surmises constituted a discriminatory attitude that violated the student’s right to equality guaranteed under Article 14.Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More © IE Online Media Services Pvt Ltd