Karnataka High Court
Krishna vs The Union Of India on 12 January, 2026
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2026:KHC-K:155
WP No. 203844 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.203844 OF 2025 (EDN-EX)
BETWEEN:
1. KRISHNA S/O SHARANAPPA WADE,
AGE: 10 YEARS. OCC: STUDENT,
(PETITIONER NO.1 IS THE RESIDENT
OF RESPECTIVE NATURAL GUARDIAN)
SHARANAPPA WADE,
S/O HANUMAPPA WADE,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O AHMDABADE GALLI,
BHATAMBRA, TQ. BHALKI,
DIST. BIDAR.
2. VAIBHAV KANNA
S/O RAJKUMAR KANNA,
AGE: 10 YEARS, OCC: STUDENT
Digitally signed by
RENUKA
(PETITIONER NO.2 IS THE RESIDENT
Location: HIGH OF RESPECTIVE NATURAL GUARDIAN)
COURT OF RAJKUMAR KANNA S/O VAIJINATH KANNA
KARNATAKA
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O 3-49 BLOCK NO.3, MANHALLI BIDAR.
3. VARAD S/O NAGBHUSHAN HIBARE,
AGE: 10 YEARS, OCC: STUDENT,
(PETITIONER NO.3 IS THE RESIDENT
OF RESPECTIVE NATURAL GUARDIAN)
NAGBHUSAN HIBARE,
S/O DEVANDAR HIBARE,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O NEAR BANSHANKARI MANDIR
HULLIKATTI, HALEKAD(B) BIDAR.
-2-
NC: 2026:KHC-K:155
WP No. 203844 of 2025
HC-KAR
4. SHRI SANCHANA D/O SHIVKUMAR
AGE: 10 YEARS, OCC: STUDENT
(PETITIONER NO.4 IS THE RESIDENT
OF RESPECTIVE NATURAL GUARDIAN)
SHIVKUMAR S/O NAGAPPA,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O VTC SIRIS (A) TQ. AURAD,
DIST. BIDAR.
...PETITIONERS
(BY SRI. DEVARAJ KAMANKERI, ADVOCATE)
AND:
1. THE UNION OF INDIA,
THROUGH ITS DEFENCE SECRETARY,
MINISTRY OF DEFENCE (MOD)
ROOM NO. 104, SOUTH BLOCK,
NEW DELHI, DELHI-110001 INDIA.
2. THE CENTRAL BOARD OF
SECONDARY EDUCATION (CBSE)
THROUGH ITS CHAIRPERSON,
"SHIKSHA KENDRA" 2, COMMUNITY CENTRE,
PREET VIHAR, DELHI-110092,
INDIA.
3. THE NATIONAL TESTING AGENCY (NTA),
THROUGH ITS DIRECTOR GENERAL
FIRST FLOOR, NSIC-MDBP BUILDING,
OKHLA INDUSTRIAL ESTATE, NEW DELHI,
DELHI-110020, INDIA.
4. THE UNION OF INDIA,
THROUGH ITS SECRETARY,
DEPARTMENT OF SCHOOL
EDUCATION & LITERACY (DOSEL)
SHASTRI BHAWAN, ROOM NO.124,
'C' WING, DR. RAJENDRA PRASAD ROAD,
NEW DELHI, DELHI-110001, INDIA
-3-
NC: 2026:KHC-K:155
WP No. 203844 of 2025
HC-KAR
5. SAINIK SCHOOLS SOCIETY,
THROUGH ITS CHAIRMAN
ROOM NO-101, D-1 WING,
SENA BHAWAN, NEW DELHI,
DELHI-110011, INDIA.
...RESPONDENTS
(BY SRI.SHANTIBHUSHAN, DSGI FOR
SRI.SUDHIRSINGH R. VIJAPUR, DSGI FOR R1, R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS
TO PERMIT THE PETITIONERS TO COMPLETE THE APPLICATION
AND MAKE THE PAYMENT OF FEE FOR AISSEE 2026 AND
FURTHER PERMIT TO THE PETITIONERS PARTICIPATE IN
EXAMINATIONS AS PER EMAIL DATED 10.11.2025 WHICH IS
AT ANNEXURE-D.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Heard learned counsel for the petitioner Sri.Devraj Kamankeri and Sri.Shantibhushan, learned Deputy Solicitor General of India along with Sri.Sudhir Singh R.Vijapur, learned Deputy Solicitor General of India for the respondent Nos.1, 3 and 4.
-4-
NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR
2. This petition is filed by the petitioners/students seeking a writ of mandamus by way of a direction to be issued to the respondents to permit the petitioners to complete the applications and make the payment of fee and to participate in the examination scheduled to be conducted on 18.01.2026.
3. The brief facts are that the petitioners are minor children studying in fifth standard aspiring to appear for the Sainik School Entrance Examination conducted by the National Testing Agency. On 10.10.2025, respondent No.3 got issued a public notice inviting online applications for All India Sainik Schools Entrance Examination (AISSEE) 2026. The last date for submission of the application was fixed on 30.10.2025. But later for certain reasons, in the interest of the public, it was extended to 09.11.2025 through a Public Notification dated 30.10.2025. The petitioners/students applied and registered their applications through online portal on 28.10.2025. It is submitted that due to lack of knowledge of public -5- NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR Notification technicalities involved and the intricacies, the petitioners/students were unable to complete and submit their applications within the stipulated time. All the four students are pursuing coaching to get admission into the premier institution i.e., the Sainik Schools. As the parents of the students are illiterate and not familiar with the legal intricacies involved in the application process and filing of the applications through online mode, they did not even have access to online facilities for filling up of the application forms, hence they had approached the Director of the Coaching Center and sent an email to respondent No.3 dated 10.11.2025 requesting permission to complete the submission of online applications. However, there was no reply sent to the email sent by the Coaching Class Director. Hence, the petitioners are seeking indulgence of this Court to permit them to make necessary amends to complete the online applications and permit them to write the entrance examination for the Sainik Schools. It is further contended by learned counsel for the petitioners -6- NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR that non-permission or non-reply to the email sent by the Coaching Class Director on behalf of the petitioners is violative of the principles of natural justice, illegal and arbitrary and having not communicated by way of reply to the petitioners by the respondents is again illegal and arbitrary and the same is not expected from the Central Examination Conducting Authority. Therefore, in view of violation of Articles 14, 21 and 21A of the Constitution of India while denying the opportunity to participate in educational entrance examination affects the rights of the students to proper education and a fair opportunity. It is also contented by learned counsel that Article 371(J) is also violated. So also Article 15(4) of the Constitution of India. Hence, petitioners have approached this Court for indulgence in this matter.
4. Per contra, learned Deputy Solicitor General of India, Sri.Shantibhushan appearing along with Sri.Sudhir Singh R.Vijapur, learned Deputy Solicitor General of India for the Union of India submits that the entrance -7- NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR examination for Sainik Schools across the country is conducted by way of a Common Entrance Test. The online publication of notice was taken out on 10.10.2025 and subsequently, respondent authorities have extended the last date from 30.10.2025 to 09.11.2025. The petitioners in this case have submitted their online applications in the online portal on 28.10.2025. The respondent authorities have provided information bulletin along with list of dates, categories and the terms and conditions for adherence to acceptance of the online applications for the entrance examination.
5. Learned Deputy Solicitor General of India points out to this Court by filing a memo along with the information bulletin and brings to the notice of this Court Clause 3 of the Information Bulletin which reads as under:
"3. Only one application is to be submitted by a candidate. Application form is common for admission to both Sainik Schools and approved new Sainik Schools. Fee as stated above is the same whether a candidate applies for Sainik Schools/approved New Sainik Schools or both".-8-
NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR
6. Clause-5, 6, 8 and 12, also are relevant and important, which read as under:
"5. Candidates must follow the instructions strictly as given in the Information Bulletin and on NTA website https://exams.nta.nic.in/sainik-school- society/. Candidates not complying with the instructions shall be summarily disqualified.
6. Candidates must ensure that e-mail address and mobile number provided in the online application form are their own or that of their parents, as all information/communication will be sent by NTA through e-mail on the given e-mail address or SMS on given mobile number only. This email address and mobile number would also be required by the candidate during the counselling process.
8. The final submission of Online Application Form will remain incomplete, if Step-3 is not complete. Such forms will stand -9- NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR rejected and no correspondence on this account will be entertained.
12. The entire application process of AISSEE-
2026 is online, including uploading of scanned images, certificates, Payment of Fees, and Printing of Confirmation Page. Therefore, candidates are not required to send/submit any document(s) including Confirmation Page to NTA through Post/Fax/by hand."
7. Learned Deputy Solicitor General of India contends that when the Notification was published and clearly the information bulletin described the necessary formalities to be adhered to and exercised with utmost care and caution. The petitioners/students ought to have shown due diligence and care while filling up the application form. In fact there was timeline prescribed for corrections if any from 12.11.2025 to 14.11.2025, during this period, no communication has been sent to the concerned authorities from the registered email or the phone number with regard to seeking any corrections. It is
- 10 -
NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR also contented that the examination is now scheduled on 18.01.2026, on scrutinising the entire application forms through online portal the admit cards have already been issued to the students across the country. The question papers have already been sent to various different locations across the States in the country. The QR codes have already been generated. Therefore, at this fag end, it may not be possible for the respondents to reopen the web portal for the sake of the four petitioners who have not followed the information bulletin and the guidelines in proper care, caution and diligence.
8. Learned Deputy Solicitor General of India submits with a heavy heart that the students though intending cannot be helped by the respondents as it will open up the floodgates for other students across the country and it will delay the admission process and various other intricacies involved in the examination process. Hence, he seeks dismissal of this petition as the application forms filled through online portal is incomplete
- 11 -
NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR and has not been rectified well within time as prescribed in the information bulletin by the respondents.
9. I have heard learned counsel for the petitioners and learned counsel for the respondents.
10. It is an unfortunate case of these four young students who intended to write the entrance examination for the premier institutions namely the Sainik Schools across the country where the petitioners wanted to join the Sainik School in the State of Karnataka. But unfortunately due to incomplete submission of the online examination applications, they could not secure the admit cards in view of incomplete submission of application forms.
11. It is not in dispute that the petitioners/students are coming from not a well-literate family background, but had the intent to join the Sainik School by writing the examination. Hence, due to lack of literacy of their parents and the digital knowledge, technological information were unable to fill up the application forms, hence, had sought
- 12 -
NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR the assistance of the Coaching Class Director to assist them in filling up the application forms. However, the application forms are rendered incomplete without being provided the admit cards to the petitioners/students. Reasons are not assigned by the respondent authorities, though an email has been written by the Director of the coaching class, namely Bangalore Coaching Center, Bidar, on 10.11.2025 at 09:28 AM. It is seen that the public notice prescribes the relevant dates and time for filing of the application form and the methodology for doing it. The information bulletin provided by the respondents online has provided all the details as to how the application requires to be filled up and what are the consequences of non-filling of the application form in a proper manner would render it incomplete and ineligible, making the application to be rejected and non-compliance of the required regulations and the instructions furnished in the information bulletin would render the candidates to be disqualified.
- 13 -
NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR
12. The entire methodology of online application form has been clearly defined in Clause No.7 of the Information Bulletin. So also, Clause Nos.3, 4 and 5 describe as to how the application has to be filled up and what renders it incomplete and rejection of the application form. Clause No.8 deals with final submission of online application form which prescribes that if step No.3 i.e., Clause No.3, if not followed or completed, the forms will stand rejected and no correspondence in this regard will be entertained. In the disclaimer column, the respondents have clearly stated that the aspirants namely the students aspiring to take up the online examination for the Sainik Schools are advised to exercise utmost caution while filling up the correct details in the registration system. Therefore, there was a heavy burden cast on the students while filling up the application form to fill up in a proper manner, cautiously and carefully with lot of diligence for the application form to be complete in all aspects.
- 14 -
NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR
13. This Court understands the situation and condition of the petitioners/students coming from an illiterate family background with not having literacy on computer knowledge or technological advancement and digital knowledge for filling up of the application form. But all these details were prescribed in the Notification and the information bulletin itself. Hence, the onus was heavy on the students to have taken care and caution, if not, within their knowledge and expertise, from suitable proper person or coaching center having the knowledge to not commit any mistake slightest in the nature to render their applications incomplete, thereby frustrating and dashing their hopes of even writing the entrance examination. Though this Court has an enormous amount of sympathy for the students who are interested in joining the premier institutions namely, Sainik Schools across the country, the legalities would prevail in such situations where online application forms are rejected due to incomplete forms and the consequences of allowing such petitions would be
- 15 -
NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR more harmful and drastic in view of large scale opening up of the Pandora's box leading to multiple litigations rendering the whole examination process to a nullity and dragging of the timelines which the respondent authorities would have properly framed and decided for the next academic curriculum. Nevertheless, this Court has concern as to why the respondent authorities have not even bothered to reply to the email communication sent by the Bangalore Coaching Center on behalf of the students, which was sent on 10.11.2025 at 09:28 AM. The last extended date for online filing of the examination form was 09.11.2025. Therefore, the last date of payment of examination fee, time was granted till 11:50 PM. On 10.11.2025, the application having been filed by way of an email communication by the petitioners/students on 10.11.2025 at 09:28 AM, was well within the time, had there been a reply by the respondents with regard to the reasons for non-acceptance or incomplete application form, the petitioners probably could have made amends
- 16 -
NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR and corrections or rectification in payment of the examination fee through proper board as required by the respondents. Therefore, to a certain extent there is some fault on the part of the respondents as well for not replying and providing the reasons for the incomplete application form of the petitioners.
14. Be that as it may, at this stage, this error of the respondents itself cannot be a ground to allow the petition of the petitioners, as the petitioners ought to have exercised due diligence, proper care and caution and sent the required fee and filled up the applications within proper time in the requisite form, manner and procedure. Same having not been done is rendered incomplete may be along with many other students. There are lakhs of students who take up this examination in the country. Therefore, opening up of the web portal for the sake of the four petitioners, in my opinion, would open up the floodgates for multiple litigations across the country as it is a common entrance text conducted across the country.
- 17 -
NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR
15. With a heavy heart, this Court would have to reject the petition of the petitioners for not being diligent and complying with the requirements as prescribed in the Public Notice and the Information Bulletin.
16. The learned Deputy Solicitor General of India relied upon an order of this Court in Writ Petition No.13651/2025, wherein in an entrance examination of the students appearing for the NEET examination, the applications of the students therein for opening of the portal came to be rejected. Therefore, in the present case as well, the petition of the petitioners cannot be entertained as they have not adhered to and followed the strict instructions in filling up of the online application forms well within time in the manner it was assigned and prescribed in the online public notice as well as the information bulletin provided to the students, so also for the reason that the admit cards have already been issued to several students across the country, the question papers have already been set and sent to the concerned
- 18 -
NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR States across the country and the QR codes have already been generated. Under the circumstances, at this fag end, entertaining this petition would be leading to more damage and multiplicity of litigations probably to the other students leading to postponement of the examination which is now sought to be conducted through online process across the country would lead to severe anomalies rather than benefit.
17. As a word of caution and good governance and as a responsible authority, it is required for either the Union or the State under such circumstances at the least to reply to the emails sent by the students or the coaching centers on behalf of the students to at least know as to what is their fault and where they have gone wrong, to rectify the same well within the time prescribed. This aspect is pointed out by this Court only for the purpose of improving the education system, the procedure adopted and to own the responsibility to facilitate the students of the country who are intending to join such premier
- 19 -
NC: 2026:KHC-K:155 WP No. 203844 of 2025 HC-KAR institutions and where opportunities do not come once again because there is no second chance.
18. Hence, this Court is not inclined to accept this petition. Accordingly, the Writ Petition stands dismissed.
Sd/-
(PRADEEP SINGH YERUR) JUDGE VNR/RSP List No.: 1 Sl No.: 10 CT:SI