ANUSHKA DEGLOORKAR AND ORSversusAMIT SAHADEV HARALE

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION

         INTERIM APPLICATION NO. 3659 OF 2026
                            IN
             WRIT PETITION NO. 11651 OF 2025
Anushka Degloorkar and Ors.          … Applicants
In the matter between                        … Petitioner
Amit Sahadev Harale
        Versus
The State of Maharashtra and Ors.            … Respondents

                         WITH
         INTERIM APPLICATION NO. 3660 OF 2026
                          IN
             WRIT PETITION NO. 11651 OF 2025
Akshay Mane and Ors.                 … Applicants
In the matter between                        … Petitioner
Amit Sahadev Harale
        Versus
The State of Maharashtra and Ors.            … Respondents

                         --------------------
Dr. Uday Warunjikar a/w Mr. Sumit Kate, for the Petitioner.

Mr. Sohan Gunjal, for the Applicant           in IA/3659/2026 and
IA/3660/2026.

Mr. Jainendra Sheth i/b Rui Rodrigues, for the Respondent No.26 in
IA/3659/2026.

Mr. P. P. Kakade, Addl. G. P. a/w Mamta Shrivastava, A.G.P., for the
Respondent-State in IA/3659/2026.

Mr. P. P. Kakade, Addl. G. P. a/w Mr. Aditya R. Deolekar, A.G.P.,

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for the Respondent-State in IA/3660/2026.

Mr. Rajendra Anbhule, for the Respondent No.2.
                        --------------------
                       CORAM : GAUTAM A. ANKHAD &
                                        SANDESH D. PATIL, JJ.

                            DATE   : 20th MAY, 2026.
                            (VACATION COURT)
P.C. :

1.        The Applicants in the present Interim Applications are students

who claim to have completed the third year of their academic studies.

However, they could not clear the subjects as backlog for the second

year. By virtue of circular issued by the Respondent No. 2, the student

facing such circumstances were given provisional admission to the next

year. The applicant secured the provisional admission for the next

academic year by virtue of circular issued by the Respondent No.2

bearing no. 209/2025. The Applicants were enrolled in the fourth year

on provisional basis, subject to clearance of the backlog pertaining to

the second year, respectively. It is the case of the Applicants that, after

obtaining their admission in the fourth year, they have attended all the

lectures, practicals, and other academic activities, as per the

requirement of law.




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2.        It is submitted by the learned Counsel appearing for the

Applicants that the Applicants had appeared for the examinations for

the backlog subjects which were conducted in October/ November

2025, and cleared the backlogs pertaining to the second year. The

Applicants had contended that after the stay of the order of

implementation of the “carry on” system shall not be permitted, the

Respondent No.2 issued a letter on 10 th April, 2026 with a rider that the

examination of provisionally admitted students will be conducted after

the decision of the High Court. It is in this premise, the Applicants have

approached this Court.



3.        Dr Uday Warunjikar, learned Counsel appearing for the original

Petitioner opposes the present Interim Applications. Mr Rajendra

Anbhule is the learned Counsel appearing for the Respondent No.2.




4.        Having heard the respective Counsels appearing for the parties,

we must note that on 18th May, 2026, this Court has passed a detailed

order whereby such similarly situated students were permitted to



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appear for the examinations. We had, while passing the said order

relied upon the order dated 27 th April, 2026 and 7th May, 2026, whereby

similarly, situated students were granted permission.



5.        Taking into consideration the judgment and order dated 18 th

May 2026, 27th April 2026, and 7th May 2026, we are as and by way of

interim measure inclined to direct the Savitribai Phule Pune University

(Respondent No.2) to accept the examination form of the Applicants

for the fourth year examination/respective examination scheduled in

May 2026 and permit them to appear for the said examinations. All

rights and contentions of the parties are expressly kept open. The

appearance of the Applicants in the examination and the declaration of

their results shall remain subject to final outcome of Writ Petition No.

11651 of 2025, and the ultimate adjudication on the legality and

applicability of the “carry on” system, the University and respective

colleges shall forthwith verify the marksheets and eligibility credentials

of the Applicants. The College/University shall undertake and complete

the verification exercise within 24 hours from uploading of this order so

as to ensure that eligible students are able to appear for the



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examination commencing from 20th May 2026.



6.        The Applicants on instructions undertake not to claim any

equities on the basis of this order. It is further clarified that the benefit

of this order is confined to the present Applicants. Let the present

Interim Applications be placed for further order on 12 th June 2026,

along with Writ Petition No.11651/2025.




(SANDESH D. PATIL, J.)                    (GAUTAM A. ANKHAD, J.)




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