Bombay High Court

SHREYA SITARAM JINKWADversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the petitioner may appear for the examination pending the final decision on her validity claim.

Summary

The petitioner, Shreya Sitaram Jinkwad, was provisionally admitted to a medical college but was asked to submit a validity certificate before the MBBS first‑year examination on 4 September 2026. The college’s delay in obtaining the certificate was due to the University withholding admission eligibility, and the Committee tasked with deciding the petitioner’s claim had not acted within the five‑month period ordered by the Court. The petitioner argued that this delay would cause her to lose an academic year. The Court found that allowing her to sit for the exam would not prejudice the respondents and directed the Committee to decide the validity claim within four weeks, with the petitioner undertaking not to claim equity based on the interim order. Consequently, the petition was disposed, permitting the petitioner to appear for the examination pending final determination of her claim.

Issues considered

Whether the petitioner may be permitted to appear for the MBBS examination despite the pending validity certificate and the Committee’s delay?
Whether the Court can direct the Committee to decide the petitioner’s claim within a specified timeframe?

Subjects

provisional admission
medical education
writ petition
examination eligibility
interim relief
procedural delay
equity claim

Judgment

2026:BHC-AUG:39975-DB

                                               1                   WP / 10775 / 2026

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                3 WRIT PETITION NO. 10775 OF 2026

                                   SHREYA SITARAM JINKWAD
                                          VERSUS
                   THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

                                                   ...
                            Advocate for petitioner : Mr. Mohnish V. Thorat
                           AGP for the respondent – State : Mr. N.S. Tekale
                                                   ...

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

                          DATE                : 2 SEPTEMBER 2026

              PER COURT :

                          Heard learned advocate for the petitioner and learned

              AGP.


              2.          The petitioner was granted provisional admission by this

              Court by order dated 04.11.2025 in writ petition no. 13032 of 2026.

              Pursuant to the said order, now he is admitted to respondent no. 4 –

              College. Now the examination of 1 st year MBBS is to be conducted on

              04.09.2026. The College, however, has issued communication dated

              11.08.2026 to the petitioner, asking her to submit the validity certificate

              before 04.09.2026, as the University has withhold the admission

              eligibility due to the missing document.

              3.          Learned advocate for the petitioner points out that by the

              same order, the Committee was also directed to decide the claim of the

              petitioner within five (5) months from the date of the order.
                                  2                   WP / 10775 / 2026


4.            Now serious prejudice is caused to the petitioner because

of the failure of the Committee to adhere to the timeline granted by this

Court. The petitioner who is already admitted, would lose his valuable

year, if she is not allowed to appear for the examination.


5.            Considering the above, this Court finds that no prejudice

would be caused to respondent nos. 3 and 4 if petitioner is allowed to

appear for the examination. Learned AGP, on instructions, submits that

the validity claim of the petitioner will be decided within four weeks from

today.


6.            Taking the statement as an undertaking to the Court, we

allow the petitioner to continue with the examination. The petitioner,

however, shall file an undertaking that she will not claim equity on the

basis of the interim order passed by this Court and the present order.


7.            The Committee to decide the claim of the petitioner in any

case within four weeks from today.


8.            Writ petition is disposed of.


9.            Parties to act on authenticated copy of this Court.




         [ JITENDRA JAIN ]                    [ KISHORE C. SANT ]
              JUDGE                                 JUDGE

arp/

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