R. C. Lahoti, J. - (1.) Leave granted.
(2.) Chandra Shekhar Panigrahi, the appellants son, was a candidate for Annual HSC Examination, 2001 appearing in all subjects of the Board of Secondary Education, Orissa along with Third Language Oriya (TLO). On 20-3-2001 while the examination was being held a flying squad visited the examination hall wherein the appellants son was sitting. A piece of paper containing some Sanskrit scripts was found lying near his table. The flying squad seized the paper and prepared a report showing the appellants son as having adopted unfair means in the examination. On 26-5-2001 the Board of Secondary Education, Orissa (hereinafter, the BSE) issued a show cause notice accusing Chandra Shekhar of being in possession of incriminating materials in the examination hall. Chandra Shekhar controverted the allegation defending himself on all the counts. However, his result was withheld. Feeling aggrieved, the appellant filed a writ petition in the High Court of Orissa, which was dismissed. This is an appeal by special leave.
(3.) According to the respondent-Board, it is true that the seized piece of paper was of no use for Chandra Shekhar, as it contained no material which could have had any relevance to the Paper which was being answered by Chandra Shekhar. Nevertheless, that slip could be useful for other students who were sitting in the same hall. As per the rules of the Board and the instructions in the Admit Card issued to the candidates, no candidate shall possess or use any incriminating material in the examination hall. Inasmuch as the candidate committed a breach of the rule, the same would amount to malpractice and therefore the action taken against the candidate was justified.;