IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1532 OF 2025 (EDN-RES)

BETWEEN:

1. CENTRAL BOARD OF SECONDARY EDUCATION NO.XG28 XF5, CHANDRA LAYOUT EXTN., IIND STAGE, GNANA BHARATHI MAIN ROAD, NAAGARBHAVI, BENGALURU 560 072.

REP. BY ITS REGIONAL OFFICER

2. THE CONTROLLER OF EXAMINATION CENTRAL BOARD OF SECONDARY EDUCATION (CBSE)

COMMUNITY CENTRE, PREET VIHAR, Di gitally NEW DELHI 110 092 signed by NIRMALA …APPELLANTS DEVI (BY SRI. ANANDITHA REDDY, ADVOCATE)

Location:

HIGH COURT AND:

OF KARNATAKA

1. DONTHI SAATHVIK REDDY S/O DONTHI SRINATH REDDY, AGED ABOUT 18 YEARS, R/AT NO. 118, 2 MAIN ROAD, RAKESH FANTASY GARDEN, ASTER 307, KASTURINAGAR, BENGALURU 560 043.

2. NEW BALDWIN INTERNATIONAL SCHOOL SY.NO.128, OLD MADRAS ROAD, MANDUR, BUDIGERE, BENGALURU 560 049, REP. BY ITS PRINCIPAL.

…RESPONDENTS (BY SRI. RAJESWARA P N, ADVOCATE FOR C/R1)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE PRESENT APPEAL BY SETTING ASIDE THE IMPUGNED ORDER DATED 23/08/2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.16511/2025.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS PRONOUNCED AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE C.M. POONACHA)

1. The present intra Court appeal is filed by the Central Board of Secondary Examination [CBSE] and its Controller of Examination calling, in question the order dated 23.08.2025 passed in WP No.16511/2025 (EDN-RES) [impugned order]. The learned Single Judge had allowed the writ petition filed by the first respondent-writ petitioner and set aside the impugned order/communication dated 28.05.2025 whereunder CBSE had communicated to respondent No.2 - institution, that due to the writ petitioner having been found to have used Unfair Means [UFM] a penalty under Category - 3, i.e., cancellation of the current as well as next year's examination in all subjects was imposed.

2. The relevant facts in nutshell leading to the present appeal are that respondent No.1 - writ petitioner was a student of respondent No.2 - institution pursuing his 12^th standard. The petitioner opted for the subjects Physical Education, Physics, Chemistry, Mathematics and English. The Class 12 examination commenced from 17.02.2025 and concluded on 11.03.2025. The examination center for the petitioner was Shri Ram Global School, Bommenahalli, Bangalore KK, which was stated to be 23 kms. away from the petitioner's residence. On the first day of the examination, which was for the subject, Physical Education, about 25 minutes after the commencement of the examination, the invigilator noticed a mobile phone in the petitioner's pocket and the said matter was reported to the observer at the center. Immediately, the mobile phone was seized and a fresh question paper and answer script was given to the petitioner to complete the examination. But, after the said incident, the petitioner was permitted to write the other papers.

3. After the conclusion of the examinations, the petitioner was called for an enquiry on 09.04.2025. In the enquiry, the petitioner sought to explain the incident by stating that he had arrived late to the examination center and he went into the classroom in a hurry, unmindful of the fact that the mobile phone was in his pocket. That the mobile phone being in the pocket went unnoticed even when the petitioner was frisked before entering the classroom. It is also further sought to be explained that there was no material pertaining to the examination in the mobile phones, which aspect was verified by the committee and no incriminating material pertaining to the examination was found. The committee recommended the punishment to the petitioner under Category - 3, consequent to which CBSE passed the impugned order dated 28.05.2025 wh