Bombay High Court
AKSHAY MANE AND ORSversusAMIT SAHADEV HARALE
- Decided
- Disposal
- Allowed
Holding
The Court ordered the university to allow the provisionally admitted applicants to appear for the May 2026 examinations, pending the final decision on the writ petition.
Summary
The applicants, students who had cleared second‑year backlogs but were provisionally admitted to the fourth year of their degree programme, sought permission to appear for the May 2026 examinations. The university (Respondent No.2) had issued a notice that such provisional students could sit for exams only after the High Court decided on the legality of the "carry on" system. Relying on its earlier orders dated 27 April, 7 May and 18 May 2026, which allowed similarly situated students to appear, the Court, as an interim measure, directed Savitribai Phule Pune University to accept the applicants' examination forms and permit them to sit for the exams, subject to the final outcome of the writ petition. The order kept the parties' substantive rights open and required the university to verify eligibility within 24 hours of the order. The applicants agreed not to claim any equity based on this interim relief.
Issues considered
- Whether the university can lawfully deny provisionally admitted students the right to appear for examinations pending adjudication of the "carry on" system.
- Whether the interim relief to allow examination participation is permissible under the pending writ petition.
Subjects
- provisional admission
- backlog clearance
- carry on system
- interim relief
- university examinations
- writ petition
- higher education eligibility
Judgment
7- IA-3659-2026 WITH IA-3660-2026.doc
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.,
Manisha 1/5
7- IA-3659-2026 WITH IA-3660-2026.doc
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.
Manisha 2/5
7- IA-3659-2026 WITH IA-3660-2026.doc
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
Manisha 3/5
7- IA-3659-2026 WITH IA-3660-2026.doc
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
Manisha 4/5
7- IA-3659-2026 WITH IA-3660-2026.doc
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.)
Manisha 5/5
Checking your session…