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Karnataka High Court
Jaweriya Fatima Sagar vs The Registrar (Evaluation) on 14 January, 2026
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WA No. 200026 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE R.NATARAJ
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
WRIT APPEAL NO.200026 OF 2026 (EDN-EX)
BETWEEN:
JAWERIYA FATIMA SAGAR
D/O MD. ALLAUDDIN SAGAR,
AGED ABOUT: 29 YEARS, OCC: LL.B., STUDENT,
R/AT H.NO.1-930/F1, OPP. RAILWAY GOODS SHED,
3RD CROSS, ADARSH MARG,
OLD JEWARGI ROAD,
KALABURAGI-585 102.
...APPELLANT
(BY SRI SUDARSHAN M., ADVOCATE)
Digitally signed by AND:
BASALINGAPPA
SHIVARAJ
DHUTTARGAON
Location: HIGH COURT
OF KARNATAKA 1. THE REGISTRAR (EVALUATION),
KARNATAKA STATE LAW UNIVERSITY (KSLU),
NAVANAGAR,
HUBLI-580 025.
2. THE PRINCIPAL
SIDDARTHA LAW COLLEGE,
DISTRICT COURT ROAD,
KALABURAGI-585 102.
...RESPONDENTS
(BY SRI GIRISH KUMAR R., ADVOCATE FOR
SRI MAHANTESH PATIL, ADVOCATE, FOR R1)
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WA No. 200026 of 2026
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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURTS ACT, 1961, PRAYING TO: A) QUASH
OR MODIFY THE INTERIM ORDER DATED 18.12.2025 PASSED
BY THE LEARNED SINGLE JUDGE IN W.P. NO.204100/2025;
B) RESPONDENT NOS.1 AND 2 MAY BE DIRECTED TO COLLECT
THE PRESCRIBED EXAMINATION FEES FOR THE ENSUING
EXAMINATION FROM 15.01.2026 AND THEREBY PERMIT THE
APPELLANT-STUDENT TO APPEAR FOR THE SAID 3RD
SEMESTER EXAMINATIONS BY ISSUING THE REQUIRED HALL
TICKET; AND C) RESPONDENT NOS.1 AND 2 MAY BE DIRECTED
TO COLLECT THE PRESCRIBED EXAMINATION FEES FOR THE
ENSUING EXAMINATION FROM 15.01.2026 AND PERMIT THE
APPELLANT STUDENT TO APPEAR FOR THE SAID 2ND
SEMESTER "KANOONU KANNADA EXAMINATION BY ISSUING
THE REQUIRED HALL TICKET.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.NATARAJ
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE R.NATARAJ)
This appeal is filed by the appellant challenging an
interim order dated 18.12.2025 passed by the learned
Single Judge in W.P. No.204100/2025.
2. The appellant had challenged an order passed
by respondent No.1 disallowing her to take up the next six
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available examinations, besides forfeiting her performance
in the examination in which she committed malpractice.
When the writ petition was listed before the Court on
18.12.2025, the learned Single Judge permitted the
appellant to pay the fees for the 3rd semester examination.
It appears that the appellant thereafter filed application
seeking permission of the Court to take up the
examination that is scheduled from 15.01.2026. However,
no order is passed on the said application and therefore
the appellant is before this Court.
3. The learned counsel for the appellant submitted
that when the matter is pending before the learned Single
Judge, even before the matter was taken up on merits, the
appellant is condemned unheard as she is not permitted to
take up the examination scheduled on 15.01.2026. He
contends that if the appellant is not permitted to take up
the examination, she is likely to lose a year. He therefore
prays that pending disposal of the writ petition before the
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Single Judge, she may be permitted to take up the
examination scheduled on 15.01.2026.
4. However, the learned counsel for respondent
No.1 submits that the appellant is guilty of indulging in
malpractice inasmuch as, she had conspired with the
Principal of respondent No.2 and other staff in replacing
the answer-sheets and the same was admitted by her
before the Malpractice Committee, which resulted in an
order passed by respondent No.1. He therefore submits
that allowing such students to take up the examinations
for the upcoming semesters would be emboldening her to
indulge in similar activities and this would be a
disincentive to those students who sincerely take up the
examination. He therefore submits that no indulgence be
granted to the appellant in this case.
5. We have considered the submissions of the
learned counsel for the appellant and the learned counsel
for respondent No.1.
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6. The sum and substance of the case is that
appellant had taken up the Kanoonu Kannada examination
of the 2nd semester and that the marks-card of the 2nd
semester showed that she had absented from appearing in
the Kanoonu Kannada exam. It appears that respondent
No.1 thereafter found that appellant and other students
had indulged in large scale malpractice in respect of
Kanoonu Kannada and other subjects. It was thereafter
found that the answer-booklets of Kanoonu Kannada paper
was allegedly tampered by the appellant and the answer-
sheets were replaced. The appellant appeared before the
Malpractice Committee and stated that the handwriting
found in the answer Book was not hers. The Malpractice
Committee therefore was of the opinion that the appellant
had indulged in an act of malpractice and therefore placed
its report before respondent No.1. Respondent No.1 in
terms of the order impugned before the learned Single
Judge, disqualified the appellant from taking up the six
examinations and forfeited the result of the Kanoonu
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Kannada Examination of the 2nd semester. It is this order
that is challenged before the learned Single Judge. It is no
doubt true that the allegation against the appellant is
grave and if it is substantiated, she does not deserve any
sympathy. However, even before her case is taken up for
consideration, it is not wise to jump to a conclusion and
deprive her of taking the examination for the upcoming
semesters. Therefore, without expressing any opinion on
the contentions urged by the appellant in the writ petition,
since the appellant claims that the examinations for the 3rd
semester is scheduled from 15.01.2026, we consider it
appropriate to permit the appellant to take up the 3rd
semester examinations, however subject to conditions.
This would also meet the ends of justice. Consequently
we pass the following order.
ORDER
(i) The writ appeal is disposed of.
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(ii) The appellant is permitted to take up
the 3rd semester examinations which are
scheduled from 15.01.2026. However, it is
made clear that this shall be subject to the
outcome of the writ petition before the learned
Single Judge.
(iii) We also make it clear that no
sympathy shall be shown to the appellant in
case if it is found that the appellant is complicit
in replacing the answer-booklets.
(iv) We have not expressed any opinion
on the merits of the case of the appellant and
any observation made in the course of this
order shall not be construed otherwise.
Sd/-
(R.NATARAJ)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS/List No.: 3 Sl No.: 1
