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

I am Rohan Sharma, a Class 12 student from the city of Kalinga, in Bharatpur State. I want to share a deeply troubling experience that has significantly impacted me.

I opted for the Commerce stream and approached my board examinations with utmost dedication and thorough preparation. I had six subjects: Business Studies, Secretarial Practice, Accountancy, Economics, Sanskrit, and English. I was confident in my abilities, having consistently achieved high scores. In my Accountancy paper, I felt so assured of scoring full marks that, after meticulously answering all questions, I decided to add a short, whimsical poem at the very end of the answer sheet.

A few weeks prior to the results, my school, Gyanoday Academy, informed me that the Bharatpur State Examination Board had flagged my Accountancy paper. Although I felt my small act was harmless, I acknowledged that writing poetry in an exam might have been unconventional and submitted a written apology for any perceived impropriety.

When the results were declared on 12th June:

• I scored between 85-95 marks in all my other subjects.
• My Business Studies paper, however, showed “UM” (Unfair Means), which left me utterly stunned.
• For Accountancy, I was awarded only 20 marks (likely internal assessment from the school), and crucially, I was never shown my evaluated answer sheet.

My father and I made numerous visits to the Board office – I went five times, and he went seven – relentlessly requesting clarification and proof of the alleged “unfair means.” Despite our pleas, they provided no evidence, no soft copy, nothing. All we received was a notice compelling me to reappear for the Accountancy examination on 15th August.

To further complicate matters, after applying for revaluation, my Business Studies score was revised to 97, unequivocally proving that I had not engaged in any copying. Yet, the Board continues to arbitrarily force a re-exam for Accountancy, maintaining a complete lack of transparency.

I understand that adding a poem was an unconventional act, but this disproportionate response and the baseless accusation of “unfair means” are an unjust punishment. They have branded me as a student who copied, without any official process, a fair hearing, or substantive evidence. The immense pressure and mental distress this situation has caused are immense.

If a student with a more fragile mental state were to face such an ordeal, the consequences could be severe, potentially leading to depression or worse. We frequently hear tragic news of student suicides following board results. Who then bears the responsibility for such outcomes?

I am sharing my story because this system appears flawed, and no student should have to suffer in silence. If anyone has experienced a similar situation or can offer guidance on how to amplify this issue or provide legal assistance, I would be profoundly grateful.

Advice in such cases 🤔

When faced with an arbitrary or unfair decision by an examination board, it’s crucial to understand your legal rights and the available recourse. Such situations are primarily governed by administrative law and the specific rules and regulations of the examination board.

Applicable Sections of Law ⚖️

While the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) primarily deal with criminal offenses and procedures, the actions of examination boards fall under administrative law. However, the principles of justice and fairness enshrined in the Constitution of India and general legal principles apply to all public authorities, including examination boards. Specifically:

• Principles of Natural Justice: These are fundamental to fair administrative action. They include:
  • Audi Alteram Partem (Right to be Heard): You must be given a fair opportunity to present your case and respond to any allegations. This includes being informed of the specific charges and the evidence against you.
  • Nemo Judex in Causa Sua (Rule Against Bias): The decision-maker must be impartial.
  • Reasoned Decision: The authority must provide clear and logical reasons for its decision.
• Article 226 of the Constitution of India: This article empowers High Courts to issue various writs (like Mandamus, Certiorari, Prohibition, Quo Warranto, and Habeas Corpus) to enforce fundamental rights and for “any other purpose.” A writ petition is the primary legal remedy to challenge arbitrary, illegal, or procedurally flawed actions of public authorities like examination boards.

The board’s rules for “unfair means” cases must also be followed strictly. Any deviation from these rules or violation of natural justice can be challenged.

If you are the complainant 🗣️

If you are the student who has been unfairly accused or wronged:

• Document Everything: Keep meticulous records of all communications (letters, emails, notices), dates of visits, names of officials you met, and any evidence you have (like your revaluation results, application forms, etc.).
• Formal Representation: Submit formal written representations to the examination board, clearly stating your case, requesting the specific evidence against you, and demanding a fair hearing. Always keep copies of what you submit.
• Seek Legal Counsel: Consult with an advocate specializing in education law or administrative law. They can advise you on the strength of your case and the best course of action, which may include sending a legal notice.
• Writ Petition: If the board remains uncooperative or its decision is arbitrary and violates principles of natural justice, your advocate can help you file a Writ Petition in the High Court under Article 226 of the Constitution, challenging the board’s decision.

If you are the victim 😟

In this context, the student is the victim of an unfair administrative process. The advice provided above for the “complainant” (who is complaining against the board’s action) directly applies to the victim.

• Prioritize Mental Well-being: It’s crucial to seek emotional support from family, friends, or a counselor. This situation is stressful, and your mental health is paramount.
• Do Not Give Up: Unjust decisions can be challenged. Persistence and proper legal action can lead to a favorable outcome.
• Gather Support: If possible, connect with other students who might have faced similar issues. A collective voice can sometimes be more impactful.

How the police behave in such cases 👮

It is important to understand that this is primarily an administrative and civil matter, not a criminal one. The police typically do not get involved in disputes between students and examination boards regarding alleged “unfair means” unless there is a specific criminal complaint lodged, for instance, if a board official is accused of a criminal offense like corruption or fraud (which would fall under BNS provisions like BNS 200 for cheating, BNS 201 for cheating by personation, or BNS 202 for cheating and dishonestly inducing delivery of property, or relevant sections of the Prevention of Corruption Act, if applicable). However, in a case like Rohan’s, where the student is accused of unfair means by the board, the police generally have no role. The dispute must be resolved through administrative channels or the judiciary.

FAQs people normally have 🤔

• Can I get my answer sheet? You have a right to inspect your answer sheet under the Right to Information (RTI) Act, 2005. This can provide crucial evidence of how your paper was evaluated.
• What if the board doesn’t respond? If the board fails to respond or acts arbitrarily, it strengthens your case for a writ petition in the High Court.
• Do I have to re-appear for the exam? If a re-exam is ordered without proper justification or hearing, you can challenge this directive through legal means. However, sometimes appearing for the re-exam under protest might be advised by your lawyer to avoid further complications, while simultaneously pursuing legal remedies to quash the original decision.
• Can I sue the board for damages? While the primary goal is usually to quash the unfair decision, in some extreme cases of malicious action or gross negligence causing significant harm, a claim for damages might be considered, though it’s less common in educational disputes of this nature.

What evidence is required? 📋

To challenge the board’s decision, you will need:

• All official communications from the board (notices, letters, result slips).
• Your original exam application and admit card.
• Proof of your academic record (previous mark sheets).
• Proof of revaluation results (like the 97 in Business Studies), which contradicts the “unfair means” allegation.
• Copies of any written representations or apologies you submitted.
• Proof of visits to the board office (if documented).
• Most importantly, a copy of your evaluated answer sheet for Accountancy, which you can seek through an RTI application if the board refuses to provide it directly.

How long will the investigation take? ⏳

The “investigation” by the board itself (into the unfair means allegation) should ideally be swift and conclude with a fair hearing. However, if you resort to legal action:

• RTI Application: Obtaining information through RTI usually takes 30 days.
• Writ Petition: The time taken for a High Court to hear and decide a writ petition can vary significantly, from a few weeks to several months, depending on the urgency of the matter, the court’s calendar, and the complexity of the arguments. Urgent matters can be heard quickly.

It’s a process that requires patience, but with a strong case and proper legal representation, justice can be achieved.

Advocate Sudhir Rao, Supreme Court of India