Bombay High Court
Amit Sahadev Harale vs The State Of Maharashtra Thru. ... on 18 May, 2026
Digitally 3-IA-3640-2026.doc
signed by
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.05.20
j 12:47:06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3640 OF 2026
Sumit Shankar Bansode ...Applicant
WITH
INTERIM APPLICATION NO. 3622 OF 2026
Anjani Santoshkumar Vispute ...Applicant
WITH
INTERIM APPLICATION NO. 3624 OF 2026
Omkar Bapuso Patil & Ors. ...Applicant
WITH
INTERIM APPLICATION NO. 3630 OF 2026
Sakshi Ajit Tupe ...Applicant
WITH
INTERIM APPLICATION NO. 3641 OF 2026
(Not On Board Taken On Board)
Rithik Rajesh Gautam ...Applicant
IN THE MATTER BETWEEN
WRIT PETITION NO. 11651 OF 2025
Amit Sahadev Harale ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
ALONG WITH
WRIT PETITION NO. 6649 OF 2026
Patil Sheyas Jitendra ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
Wakodikar 1/7
Corrected vide Speaking to the Minutes Order dated 19 th May 2026
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3-IA-3640-2026.doc
Ms. Pooja Thorat a/w Mr. Avinash Solunke & Mr. Parmeshwar Andil for
the Applicant in IA/3640/2026.
Mr. Ajit Anekar a/w Mr. Siddhant Sawhney, Ms. Avanti Kher &
Ms. Sanskruti More i/b Auris Legal for the Applicant in IA/3622/2026.
Mr. Janam Sonpal for the Applicant in IA/3641/2026.
Mr. Suhas S. Deokar, for the Applicant in IA/3624/2026 & IA/3630/2026.
Mr. Rajendra Anubhule for the Respondent No.2 in IA/3640/2026,
IA/3622/2026, IA/3624/2026 and IA/3630/2026.
Mr. Rui Rodrigues for the Respondent No.26 in IA/3640/2026.
Dr. Uday Warunjikar for the Petitioner.
Mr. P.P. Kakade, Addl.G.P. a/w Ms. Mamta S. Srivastava, A.G.P for the
Respondent No.1-State.
Mr. P.P. Kakade, Addl.G.P a/w Mr. Aditya Deolekar, A.G.P for the
Respondent State in IA/3640/2026 & IA/3641/2026.
CORAM : GAUTAM A. ANKHAD &
SANDESH D. PATIL, JJ.
DATE : 18th MAY, 2026 (VACATION COURT) P.C. :
1. The Applicants/Petitioners in the present Interim Applications and connected writ Petition are students who claim to have cleared their First, Second/ and/or Third Year examinations and seek permission to appear for the Third/Fourth/Fifth Year examinations, as the case may be, by availing the benefit flowing from the Government Resolution dated 10 th February 2025 and Circular No.209 issued by the Respondent Savitribai Wakodikar 2/7 Corrected vide Speaking to the Minutes Order dated 19 th May 2026 ::: Uploaded on - 20/05/2026 ::: Downloaded on - 20/05/2026 20:31:51 ::: 3-IA-3640-2026.doc Phule University at Pune.
2. Ms.Pooja Thorat, Mr. Ajit Anekar, Mr. Janam Sonpal and Mr. Tukaram Shendge, the learned counsels appearing for the Applicants have invited our attention to the orders dated 6 th April 2026 (passed by the Co-ordinate Bench at Kolhapur in Interim Applications arising out of Writ Petition No.1784 of 2025), 27th April 2026 and 7th May 2026, whereby similarly situated students were permitted to fill up examination forms and appear for the Third/Fourth/Fifth Year examinations, subject to conditions recorded therein. It is submitted that the Applicants had secured provisional admissions to the Third/Fourth/Fifth Year courses and, pursuant thereto, have attended lectures, practicals and other academic activities required for completion of the academic term. It is further submitted that the backlog examinations of the First/Second/Third Year have since been cleared by the Applicants, as reflected from the marksheets issued by the University and respective colleges.
3. Dr. Uday Warunjikar, learned counsel appearing for the original Petitioner, opposes the present interim applications. He submits that the Applicants ought to pursue independent substantive proceedings Wakodikar 3/7 Corrected vide Speaking to the Minutes Order dated 19 th May 2026 ::: Uploaded on - 20/05/2026 ::: Downloaded on - 20/05/2026 20:31:51 ::: 3-IA-3640-2026.doc instead of seeking intervention in the present petition, particularly when this Court, by order dated 11th November 2025, had declined interim relief to the original Petitioner. Further an Amicus Curiae is appointed in the matter and the main petition itself likely to be finally heard after the vacation.
4. Mr. Rajendra Anubhule, learned counsel appearing for Savitribai Phule University, submits that paragraph nos.11 and 12 of the order dated 11th November 2025 contemplate continuation of the "Carry On" system for the Academic Year 2025-2026 in cases where the benefit had already been extended to certain students. He further submits that subsequent orders passed by the Co-ordinate Benches of this Court have consistently permitted similarly situated students to appear for examinations, subject to the outcome of the main petition and other safeguards recorded therein.
5. We have considered the rival submissions and perused the material placed on record. For the sake of brevity, we do not propose to reproduce the reasoning contained in the earlier orders referred to above.
However, it is evident that the Applicants had secured admissions in July 2025, at a time when Circular No.209 was operating and the benefit of the Wakodikar 4/7 Corrected vide Speaking to the Minutes Order dated 19 th May 2026 ::: Uploaded on - 20/05/2026 ::: Downloaded on - 20/05/2026 20:31:51 ::: 3-IA-3640-2026.doc "Carry On" system had already been extended to certain categories of students. In that view of the matter, the exception contained in paragraph no.12 of the order dated 11th November 2025 would prima facie enure to the benefit of the present Applicants as well. For the sake of convenience, the relevant portion in paragraph no. 12 of the order dated 11th November 2025 reads as under :
"12. For the reasons set out in our order dated 22nd September, 2025, and in light of the above facts, we find it appropriate to direct the State Government to communicate to all Universities that have continued the "Carry On" system for the academic year 2025-2026, that the said system shall not be implemented for that academic year, save and except, if the benefit has already been extended to some students. Needless to state, the academic performance/results of those students who have benefited from the said scheme for the academic year 2025-2026, de-hors the Circular dated 17th January, 2025 and the GR dated 10th February 2025, would be subject to the result of this Petition. No further benefit under the said Circular shall be extended to any student."
6. We have also perused the subsequent orders dated 27th April 2026 and 7th May 2026, whereby similarly situated students, who had cleared their backlog examinations after availing the benefit of the scheme and had thereafter pursued studies in the higher academic year were granted interim protection. Considering the above orders and considering that the larger issue concerning the validity and operation of the "Carry Wakodikar 5/7 Corrected vide Speaking to the Minutes Order dated 19 th May 2026 ::: Uploaded on - 20/05/2026 ::: Downloaded on - 20/05/2026 20:31:51 ::: 3-IA-3640-2026.doc On" system is pending adjudication before this Court, we are of the prima facie view that the Applicants deserve interim protection, so as to avoid academic prejudice at this stage. Hence, by way of an interim measure, Savitribai Phule University is directed to accept the examination forms of the Applicants for the Third/Fourth/Fifth Year examinations scheduled in May 2026 and permit them to appear for the said examinations. The rights and contentions of all parties are expressly kept open. The appearance of the Applicants in the examinations and the declaration of their results, shall remain subject to the 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/or respective colleges shall forthwith verify the marksheets and eligibility credentials of the Applicants. The colleges/ University shall undertake and complete the verification exercise within 24 hours from the uploading of this order, so as to ensure that eligible students are able to appear for the examinations commencing from 20th May 2026.
7. 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 all the interim applications and Wakodikar 6/7 Corrected vide Speaking to the Minutes Order dated 19 th May 2026 ::: Uploaded on - 20/05/2026 ::: Downloaded on - 20/05/2026 20:31:51 ::: 3-IA-3640-2026.doc Writ Petition no. 6649 of 2026 be placed for further orders on 12 th June, 2026 along with Writ Petition no. 11651 of 2025.
SANDESH D. PATIL, J. GAUTAM A. ANKHAD, J.
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