ORAL JUDGMENT (PER : RAVINDRA V. GHUGE, J.)
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. Petitioner No. 1 is a Public Educational Trust which is registered under the Maharashtra Public Trust Act, 1950. The Petitioner No. 2 is a School being operated by Petitioner No. 1 at Post Bhigwan, Taluka Indapur, District Pune. Respondent No. 2 - Board had granted an Examination Center to Petitioner No. 2 - School with Code No. 0155 w.e.f. 21.12.2016. Apart from students of the said School, other students from five different Schools within the vicinity are given the Examination Center 0155.
3. On 27.02.2025, when the HSC Examinations were in progress, the Deputy Education Officer visited Examination Center 0155. Out of 382 students appearing for the examinations, he found one girl student attempting to indulge in an examination malpractice (copying), and a small piece of paper containing handwritten script was confiscated. The student's performance for the Biology subject was cancelled. However, on 11.12.2025, Respondent No. 2 Board, Sufiyan Syed - PA 2 of 6
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without issuing a Show Cause Notice or without calling for an explanation, cancelled Examination Center 0155 on the ground that one girl student was found to be indulging in copying.
4. The learned Addl. GP submits, on instructions, that the State of Maharashtra has now decided to follow the zero tolerance policy and make Maharashtra copy Mukt (free from copying). The learned Advocate for the Board submits, on instructions, that the Board has decided not to tolerate any examination center where even a single instance of copying is noticed, and that all such centers will be banned for life.
5. However, we have noticed in Writ Petition No. 362 of 2026 (Bhairavnath Gramvikas Pratishthan vs. The State of Maharashtra & Ors.), that the examination center of the Petitioner for the SSC as well as HSC Examinations, was cancelled in December 2025, because two cases of copying were apprehended in the Center where the SSC Examination was being conducted. Subsequently, on the recommendation of the Block Education Officer, a report dated 22.12.2025 was submitted recommending the restoration of the Center. Considering the grave hardship that would Sufiyan Syed - PA 3 of 6
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be caused to the students in the surrounding areas if the Center was cancelled, the Board accepted the recommendation and restored both the Centers. It was undisputed that in the said Center, where 250 students were appearing, there were two instances of copying.
5. In view of the above, we are circumspect as to whether the Board or the State are serious about the copy Mukt policy. In Bhairavnath Gramvikas Pratishthan (supra), this Court had recorded the above factors and passed an order dated 09.01.2026, noting that the Centers had already been restored and that Admit Cards had also been issued.
6. We are of the view that the Authorities concerned with the policy of ensuring that there would be no copying in any Examination Center, should stick to their policy. If the policies are diluted and made flexible, and depending upon case to case, without justification, if the Examination Centres are being restored, less said the better about such policies. In the present case, there was one girl student apprehended copying and in Bhairavnath Gramvikas Pratishthan (supra) there were two instances of copying. Sufiyan Syed - PA 4 of 6
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7. In the light of the above, we could have allowed this Petition with a direction to restore the Examination Center. However, a practical difficulty arises. The Block Education Officer forwarded his report to the Education Officer dated 12.01.2026, indicating the hardships being suffered by students in the surrounding areas who were depending upon Examination Center 0155. The Block Education Officer has set out the circumstances in his report addressed to the Education Officer (Secondary). The Education Officer (Secondary) conveyed the same to the Divisional Secretary of the Board vide his communication dated 13.01.2026, pleading for restoration of the Examination Center 0155. Both these communications are taken on record and collectively marked as 'X-1'.
8. The difficulty with the Petitioner's case is that, though the Examination Center 0155 could have been restored, as like in Bhairavnath Gramvikas Pratishthan (supra), the 12thStandard Examination is scheduled to begin on 17.02.2026. The Examination Centers in the State of Maharashtra have already been announced by the Maharashtra Board, Pune Division. Various Schools falling under the Pune Division, like the Petitioner, have been intimated of Sufiyan Syed - PA 5 of 6
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their respective Examination Centers. Hall Tickets have been issued for the Examination Center. When the examination is scheduled to commence in around 27 days from today, it would create a confusing situation if the Board is directed to restore Examination Center 0155.
9. In view of the above, this Petition is partly allowed with the direction that Examination Center 0155 shall stand restored w.e.f. further examinations, i.e. after the HSC Examination 2025-2026, is concluded.
10. Rule is made partly absolute in the above terms.
11. We clarify that the Board and the State would seriously pursue the policy of zero tolerance towards examination malpractices and strictly adhere to the policy without carving out exceptions on a case to case basis.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
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