If you are stuck in such a situation, here is what to do.

Greetings everyone,

I am Aryan Sharma, a class 12 student from Krishnanagar, and I wish to share a deeply distressing experience that has profoundly impacted me.

As a commerce stream student, I approached my board examinations with utmost dedication and thorough preparation. My curriculum included six subjects: Organizational Management, Secretarial Practice, Accountancy, Economics, Hindi, and English. I’ve consistently achieved high scores, and my confidence was unwavering. During my Accountancy paper, I felt so certain of securing a perfect 100% that, after meticulously completing all answers, I added a brief, light-hearted poem at the end of the answer sheet.

A few weeks prior to the results, my school informed me that the Zenith Examination Board had flagged my Accountancy paper. Acknowledging that the poem might have been an unnecessary addition, I promptly submitted a written apology.

On 12th June, when the results were declared:

• I scored between 85-95 marks in all my other subjects.
• However, my Organizational Management paper shockingly displayed “CC” (Copy Case).
• For Accountancy, I was awarded only 20 marks (presumably internal marks from the school), and I was never allowed to view my evaluated answer sheet.

My father, Mr. Sharma, and I made numerous visits—I went five times, and he, seven—to the Zenith Examination Board office, earnestly requesting clarification and evidence. They provided no proof, no soft copy, nothing at all—only a directive to reappear for the Accountancy exam on 15th August.

To compound the absurdity, after revaluation, my Organizational Management score was revised to a remarkable 97, unequivocally proving that I had not engaged in any copying. Yet, despite this clear vindication, they continue to insist on a re-examination for Accountancy, maintaining a complete lack of transparency.

I acknowledge that writing a poem was a minor lapse in judgment, but this disproportionate response is not the consequence I deserve. I have been unjustly branded as a “copying” student, without any formal process, a fair hearing, or substantial evidence—just relentless pressure.

Had this happened to a more vulnerable student, the outcome could have been severe, potentially leading to depression or worse. We frequently hear tragic news of student suicides following board results. In such instances, who bears the responsibility?

I am sharing my story because this system is fundamentally flawed, and no student should be compelled to suffer in silence. If anyone has experienced a similar ordeal or can offer guidance in amplifying this issue or securing legal assistance, I would be profoundly grateful.

Advice in such cases 🤔

Being falsely accused of cheating in board examinations can be incredibly distressing. It’s crucial to understand your rights and the legal avenues available to challenge such arbitrary decisions. The principles of natural justice dictate that every individual has a right to a fair hearing and that decisions must be based on evidence, not suspicion. In academic matters, this translates to the right to inspect your answer sheets, be informed of the specific allegations, and present your defence.

Applicable Sections of Law ⚖️

• Principles of Natural Justice: While not a specific section, these are fundamental tenets of administrative law. They include:
  • Audi alteram partem (Hear the other side): You must be given a fair opportunity to present your case and rebut allegations.
  • Nemo judex in causa sua (No one should be a judge in their own cause): The decision-making authority must be impartial.
• Judicial Review (Article 226 of the Constitution of India): If an educational board acts arbitrarily, without evidence, or violates the principles of natural justice, you can file a Writ Petition (e.g., Mandamus or Certiorari) in the High Court to challenge their decision. The High Court can direct the board to follow due process, quash arbitrary orders, or order re-evaluation.
• Bharatiya Nyaya Sanhita (BNS), 2023: While the primary recourse for academic disputes is administrative and constitutional, certain actions by board officials, if they involve malicious intent, harassment, or abuse of power, *could* potentially attract provisions of the BNS. For instance, if officials were to criminally intimidate you (Section 117 BNS) or engage in other forms of criminal misconduct in their official capacity, a criminal complaint could theoretically be filed, although this is a less common route for purely academic grievances and would require strong evidence of criminal intent.

If you are the complainant 🗣️

If you find yourself in Aryan’s situation, you are essentially the complainant against the arbitrary actions of the examination board. Here’s what you should do:

• Formal Written Representation: Send a detailed written representation to the examination board, clearly stating your case, the lack of evidence provided by them, and demanding to see your evaluated answer sheets and the specific reason for the “copy case” or low marks. Mention the re-evaluation result of the other subject as proof of your innocence. Send this by registered post with acknowledgment due.
• Legal Notice: If the board fails to respond or gives an unsatisfactory reply, issue a legal notice through an advocate, outlining the legal ramifications of their arbitrary actions and demanding appropriate redressal.
• Writ Petition: As a last resort, file a Writ Petition in the High Court under Article 226 of the Constitution, challenging the board’s decision. This is a powerful legal remedy to ensure justice and fair play by public authorities.
• Documentation: Keep meticulous records of all communications, applications, receipts, and any evidence (like re-evaluation results).

If you are the victim 🛡️

In this scenario, you are indeed the victim of an arbitrary and unjust system. It is vital to protect your academic future and mental well-being. Do not internalize the false accusation. Seek legal counsel immediately to explore your options. Your focus should be on proving your innocence and ensuring due process is followed. Remember that a single instance of a minor mistake (like writing a poem) should not lead to such severe and unfounded penalties, especially when no evidence is provided.

How the police behave in such cases 👮

Generally, the police do not intervene in academic disputes between students and examination boards, as these are primarily administrative matters. Their role typically begins if a criminal complaint is filed. For instance:

• If the board alleges criminal cheating or impersonation (though in this case, it’s a minor act of writing a poem).
• If you, as the student, were to file a criminal complaint against the board officials for criminal intimidation (Section 117 BNS), harassment, or other specific criminal offenses under the Bharatiya Nyaya Sanhita (BNS) for their malicious actions, then the police might investigate. However, this is a high threshold and requires clear evidence of criminal intent, not just administrative negligence or arbitrary action.

In most academic grievance cases, the remedy lies with the High Court through a Writ Petition, not with the police.

FAQs people normally have ❓

• Can writing something unrelated on the answer sheet be considered cheating? Generally, no, unless it’s designed to convey information to an examiner or indicate identity in a way that compromises anonymity or fairness. A poem, especially after completing the paper, is usually not considered cheating unless explicitly prohibited and proven to be an attempt at unfair means.
• Do I have the right to see my evaluated answer sheet? Yes, under the Right to Information Act, 2005, and principles of natural justice, you generally have a right to access your answer sheets, especially when marks are disputed or allegations of unfair means are made.
• What if the board refuses to provide evidence or a fair hearing? Your primary recourse is to approach the High Court through a Writ Petition.
• Can this mark affect my future admissions? A “copy case” label, even if false, can have severe repercussions. It’s crucial to get this rectified legally to protect your academic record.

What evidence is required? 📝

As the aggrieved party, you will need to present the following evidence to support your case:

• Copies of your examination hall tickets and admit cards.
• Original mark sheets displaying the disputed marks and “CC” notation.
• Copies of all written communications sent to the board (e.g., apology letter, requests for re-evaluation, requests to view answer sheets).
• Proof of delivery for all communications (e.g., registered post acknowledgment).
• Any communication received from the board (e.g., re-exam notice, rejection letters).
• The revised mark sheet for the Organizational Management paper showing the higher score after revaluation, which contradicts the “CC” tag.
• Any school testimonials or academic records proving your consistent good performance.

The burden of proof to establish cheating lies with the examination board. They must provide concrete evidence to support their claim, which they failed to do in this instance.

How long will the investigation take? ⏳

The duration of such a legal challenge can vary significantly:

• Internal Board Process: Responding to your initial representations or legal notice might take a few weeks to a couple of months.
• High Court Writ Petition: Once filed, a Writ Petition can take anywhere from a few months to over a year, depending on the High Court’s caseload, the complexity of the arguments, and whether the board seeks to delay proceedings. Interim orders (e.g., allowing you to provisionally appear for a re-exam or directing the board to produce records) might be passed relatively quickly.

It is important to be patient and persistent, as administrative and judicial processes can be time-consuming. However, a strong case based on a violation of natural justice principles often yields positive results.

Advocate Sudhir Rao, Supreme Court of India