ORDER 19.08.2008 — Heard Mr. Nayak, learned counsel for the petitioners and learned counsel for the opp.parties. 2. The petitioners in this writ petition have challenged the action of the opp.parties in not declaring the result of Annual +2 Science Examination, 2008 conducted by the Council of Higher Secondary Education (in short, ‘the CHSE’) on the ground that the students of the Kantabanji Vocational College, Kanta¬banji, who are the wards and children of the petitioners, adopted mass malpractice. The petitioners having sought for issuance of a direction to the C.H.S.E. to declare the result of their wards and children upon quashing the notification under Annexure-1. 3. The case of the petitioners is that their wards and children appeared in the above examination and though they faired well in all the papers including Chemistry and Mathematics, but the said two papers have been illegally cancelled on the basis of vague and baseless grounds and “00” marks have been awarded to all the candidates, in both the above papers. The result of the Annual +2 Science Examination, 2008 was declared on 28.5.2008 showing that the result of the students of the above college is withheld and the reason assigned was ‘extraordinary performance’. The petitioners allege that 23 students, who appeared in the said examination, faired very well in the said examination and out of them, 17 (seventeen) students secured First Division marks and 6 (six) students secured Second Division marks. Though there was no reason to raise a suspicion of mass mal-practice, arbitrarily all the students were awarded “00” marks in the above two papers as evident from the notification under Annexure-1 issued pursuant to the order of the Chairman, CHSE, by the Controller of Examina¬tions. The petitioners have further alleged that the examination in the said college was peacefully conducted and there were no adverse remarks in the report of the Zonal Flying Squad, who visited the examination centre when the examinees were appearing for Mathematics on 17.3.2008 (Ist sitting). They have expressed their satisfaction in the way the examination was conducted. The petitioners have further alleged that the examination in the said college was peacefully conducted and there were no adverse remarks in the report of the Zonal Flying Squad, who visited the examination centre when the examinees were appearing for Mathematics on 17.3.2008 (Ist sitting). They have expressed their satisfaction in the way the examination was conducted. Apart from the report of the Flying Squad, three invigilators, each on 11.3.2008 when the examines appeared in the Chemistry paper and on 17.3.2008 when they appeared in the Mathematics paper, invigilated during the examination and they have not given any adverse report nor the Centre Superintendent reported to the CHSE giving any adverse remarks with regard to conduct of the said examination in the college. 4. Mr. Nayak, learned counsel for the petitioners vehe¬mently submits that in the absence of any material in support of the action taken by the CHSE in awarding “00” marks to the candi¬dates in the aforesaid two papers and in the absence of any notice to the college authorities asking for a showing cause, issuance of Annexure-1 is illegal and arbitrary inasmuch as in violation of the principles of natural justice. She relies upon various decisions of this Court in support of the contention that on the basis of suspicion a positive decision cannot be arrived at and in absence of positive evidence of involvement and of the candidates in mal-practice, no presumption can be drawn that they adopted such mal-practice. He also submits that this Court has laid down in several decided cases that before arriving at a conclusion that the examinees were involved in commission of mal-practice during examination, requirements of natural justice have to be followed and the authorities cannot utilize materials which have not been put to the candidates. His further contention is that there being no allegation in the report of the Flying Squad, who visited the examination centre on the date when the examina¬tion was being conducted in Mathematics paper, the decision of the authorities of the Council in awarding “00” marks to the candidates appearing in the said college in both Mathematics and Chemistry papers is unsustainable. According to her, the CHSE which is vested with the power to conduct examination in a fair manner owes an onerous duty to see that the genuine and meritori¬ous students do not suffer for the latches of others and the indiscriminate action in the instant case should be set at naught by issuing appropriate direction in favour of the petitioners. 5. A counter affidavit has been filed by the opp.parties 2 and 4, inter alia, stating that in the Annual Higher Secondary Examination, 2008 (Science Stream), in respect of Kantabanji Vocational College, Kantabanji, 100% of the examinees have se¬cured pass marks in the examination, out of whom, 73.9% have secured Ist Division marks which appeared to be abnormally high. In anticipation of approval of the Examination Committee, the result of all examinees of the said College was kept with held and after review of their answer scripts by the subject experts in Chemistry, It was reported that almost all answers are identi¬cal and instances of identical mistakes are plenty, marks secured by all the students in question No.1 is 8, the total marks obtained by the students is quite high, spelling mistakes are rampant, answers were dictated to the students and those with a little bit of intelligence could follow the dictator and wrote correctly but those with poor standard could not follow and wrote whatever was available to them and the standard of English lan¬guage of the students was very low and similarly, subject experts in Mathematics reported that almost all the candidates have attempted the same set of questions and the same set of bits from question Nos. 1 and 2 have been answered by all the examinees showing similar mistakes. Other mistakes were also similar and the candidates have answered the same set of bits from question Nos. 7 to 10 and there were no essential rough work, in the pa¬pers. Basing on the above reports resolution were passed on 13.5.2008 and 14.5.2008 to award punishment to the candidates. The Chairman was authorized to take a decision. 6. The copy of the proceeding of the meeting of the Exami¬nation Committee dated 28.5.2008 along with the copy of the reports in Chemistry and Mathematics submitted by the subjects experts and copy of the proceeding of the examination committee dated 24.6.2008 have been annexed as annexures to the counter affidavit. 7. The Chairman was authorized to take a decision. 6. The copy of the proceeding of the meeting of the Exami¬nation Committee dated 28.5.2008 along with the copy of the reports in Chemistry and Mathematics submitted by the subjects experts and copy of the proceeding of the examination committee dated 24.6.2008 have been annexed as annexures to the counter affidavit. 7. A similar question arose before this Court in W.P.(C) No.10866 of 2008 which has been disposed of by order dated 18.8.2008. This Court in the said case, which arose out of simi¬lar facts came to the conclusion that there was absolutely no ground on the part of the council to award “00” marks to the petitioner in the said case and to cancel the examination in the concerned papers and declared the said action to be wholly ille¬gal and arbitrary while allowing the writ petition. 8. In the facts of the present case also, it is clear that the basis of the resolution of the examination committee dated 24.6.2008 deciding to cancel the results of the Wards and chil¬dren of the petitioners in Chemistry and Mathematics are abso¬lutely based on no reasons and no ground whatsoever exists for cancellation of the results in the aforesaid papers. From the facts brought before this Court, it is clear that the entire conclusion of the opp.parties is based on suspicion and surmises. In absence of any report by the Flying Squad that the candidates adopted unfair means and mass mal-practice while appearing in the aforesaid two papers where “00” marks have been awarded to them just because there was 100% result in respect of the candidates of the said Kantabanji Vocational College, Kantabanji, the same cannot, by any stretch of imagination, be a basis for the exami¬nation committee of the opp.parties to raise their brow with an eye of suspicion in absence of any concrete materials in support of such suspicion. The conclusion of the expert committee on review of the papers that the answers were dictated to the exami¬nees is based on no materials and, hence, no action should have been taken on such report. The conclusion of the expert committee on review of the papers that the answers were dictated to the exami¬nees is based on no materials and, hence, no action should have been taken on such report. Action of the Council in awarding “00” marks in both the Chemistry and Mathematics papers to the exami¬nees, being penal in nature, such action cannot be taken only on suspicion in the absence of any materials in support thereof as suspension, however, strong cannot be considered to be a proof. This Court also finds that no reason whatsoever has been assigned as to on what basis the opposite parties selected the papers in Chemistry and Mathematics out of all the subjects and got the same reviewed by the expert committee. 9. In view of the above, since this Court finds that there was no ground on the part of the opp.parties to award “00” marks to the Wards and children of the petitioner who appeared in the Annual +2 Science Examination, 2008 of Kantabanji Vocational College, Kantabanji, the said action of awarding “00” marks in the above two papers is declared to be illegal and arbitrary and accordingly the notification under Annexure-1 stands quashed. The opp.parties are directed to declare the results of the 23 candi¬dates who are the wards and children of the petitioners by award¬ing them the marks which they have secured in Mathematics and Chemistry papers while evaluating the same. Such results shall be declared within a period of two weeks from the date of production of the certified paper of this order before the Chairman, CHSE. It shall be the responsibility of the petitioners to produce the certified copy of this order along with copy of the writ petition with all its annexures before the opposite parties for compliance of the above direction. The writ petition is accordingly disposed of. Urgent certified copy of this order be granted on proper application. Petition disposed of.