HARSHAL KISHOR SAPKALEversusSTATE OF MAHARASHTRA THR SECRETARY AND OTHERS

                                     (1)                 917-CA-10087-2026




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                917 CIVIL APPLICATION NO. 10087 OF 2026
                           IN WP/11124/2026

Harshal Kishor Sapkale                           … Applicant
      VERSUS
State Of Maharashtra Thr. Secretary And Others   ...Respondents
                                   WITH
                   WRIT PETITION NO. 11124 OF 2026
                                    ...
Mr. Sagar S. Phatale, Advocate for Applicant.
Mr. K. N. Lokhande, AGP for Respondent-State.
Mr. L. V. Sangit, Advocate for Respondent No.3.
Mr. Chandrakant A. Jadhav, Advocate for Respondent No.4.

                                  CORAM : KISHORE C. SANT &
                                              JITENDRA JAIN, JJ.

                                  DATE      : 03rd SEPTEMBER 2026.

PC :-

1.      Heard the learned Advocates for the respective parties.

2.      This civil application is filed by the petitioner seeking permission

to appear for the summer 2026 examination and to declare the result of

examination and to allow to prosecute further studies of MBBS course.

3.      It is stated that the applicant had approached this Court by filing

Writ Petition No.13031 of 2025. This Court by interim order dated
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04/11/2025 had allowed the petitioner to take admission to the MBBS

course. In paragraph No.9 this Court directed the respondent/committee

to complete the proceeding within a period of three months from the

date of the order. In the said order, it is specifically made clear that the

petitioner shall extend full co-operation for the expeditious disposal of

his caste claim. Learned Advocate for the petitioner thus submits that if

he is not allowed to appear the examination, he will lose his career.

4.    In the petition, the judgment of the committee dated 28/07/2026

is under challenge, whereby his claim is invalidated. The Hon’ble Apex

Court, time and again, has passed order that no interim relief be granted

in the cases of admission of students. In the present case, however,

looking to the facts this Court had granted interim order on

04/11/2024. Now, this application is filed at the eleventh hour when the

examination is to be held tomorrow i.e. on 04/09/2026 and this

application is filed on 02/09/2026 pointing out an urgency. In the main

petition, this Court has issued notice to Respondents, returnable on

15/09/2026. Thus, though the petition is due on 15/09/2026, the

applicant has moved this Court in between.
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5.   The learned Advocate for the applicant vehemently argued that

the petitioner’s admission is protected by the order of this Court, it

would be unfair and unjust now to not allow him to appear for

examination when he has already completed on year course.


6.   The learned AGP points out that, on one hand, the petitioner has

approached this Court at the eleventh hour whereas, in the inquiry, he

sought many adjournments and was not present on the dates of hearing

by pointing out the observations made by the committee. It is recorded

that on 07/10/2025, the petitioner was called for explanation on the

report of vigilance cell. However, on that day, he was absent. He was

called again on 16/10/2025. On 16/10/2025, for some unavoidable

circumstances, the inquiry was required to be postponed. In the

meantime, the petitioner was approached this Court by filing Writ

Petition No.13031/2025. This Court on 04/11/2025 passed the order

directing the committee to decide the proceeding within three months.

The petitioner thereafter, was called for hearing on 18/11/2025. The

petitioner was absent before the Committee. He sought time to give say

on the vigilance cell report. The next date granted was 10/02/2026.
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However, day before that on 09.02.2026, the Advocate for the petitioner

appeared and sought time requesting not to take hearing on

10/02/2026. Thereafter, next date was granted on 20/04/2026. On

20/04/2026, the Advocate for the petitioner produced new document

i.e. one birth certificate of one Parvatabai Chawdas and one entry about

death of one Dulaji Vedu. Since new documents were submitted, the

Committee was required to again conduct vigilance cell inquiry. It after

receipt of report, the petitioner was called on 16/06/2026. However, on

16/06/2026, the Advocate again prayed for some time. It is on

06/07/2026, the father of the applicant appeared before the committee

and pointed out that this High Court has passed an order directing the

committee to decide the claim within stipulated period and requested to

take up the matter on board on the same day. On 16/06/2026, the

explanation on the second vigilance cell report was submitted and on

that date, the filed was produced and it is thereafter judgment is passed.


7.    Learned AGP, on all this background, submits that though the

petitioner on one hand himself sought directions to the committee to

decide the claim in few months, on the other hand, he himself sought
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adjournments before the committee. He produced two documents on

24/04/2026 by which date the timeline given by the Court was already

over. This document made the committee to again conduct vigilance cell.

Even after conducting that vigilance cell, time was sought by the

petitioner. He thus submits that from conduct of the petitioner it is clear

that he does not deserve any equitable relief at the hands of this Court.


8.    Learned Advocate appearing for Respondent No.3/College submits

that the university has not generated PNR number, and therefore,

college is unable to allow the petitioner to appear for examination.


9.    Learned Advocate Mr. Jadhav, for the Respondent No.4/University

submits that the eligibility of the petitioner is still pending for want of

validity certificate. The last date for submitting examination form was

30/08/2026. The petitioner has not even filled up the form. Since the

university has not received any examination form, the University cannot

make any arrangement at the eleventh hour to facilitate the petitioner to

appear for examination.


10.   This Court has considered all above, it is true that when the exam
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is scheduled tomorrow, it is now the petitioner has approached this

Court. Though it is submitted that on 21/08/2026 only the college send

communication to the university seeking direction from the university as

to whether to allow the petitioner to appear for examination.


11.   Learned Advocate for the petitioner relied upon the order passed

by the Hon’ble Apex Court in SLP No. 30636/2026 and order of this

Court in WP/9842/2026, wherein directions are issued to grant

admission to a student though the claim was invalidated. However, this

Court finds that the said order would not help the petitioner. In the

present case, petitioner was already admitted to the college. The

conduct observed above clearly shows that now the petitioner cannot

claim equity. If the committee could not decide the application of the

petitioner within time, it is because of non-cooperation of the petitioner.

The petitioner cannot take advantage of his own wrong and now claim

equity before this Court. So far as order passed by the Hon’ble Court is

concerned, it is passed under Article 142 of the Constitution of India.

This Court does not possess power to pass such order. In the present case

conduct of the petitioner also need to be committed.
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12.          Considering all above, this Court finds that no case is made out to

pass any interim order. Civil Application stands dismissed.



    [JITENDRA JAIN, J.]                           [KISHORE C. SANT, J.]
D.A.ETHAPE