Bombay High Court
Nisarga Satish Khanderao vs The Sate Of Maharashtra Thro. Its ... on 18 May, 2026
510-WP-6680-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6680 OF 2026
Nisarga Satish Khanderao ... Petitioner
Versus
State of Maharashtra and Ors. ... Respondents
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Dr. Uday Warunjikar a/w Mr. Jenish Jain and Ms. Sakshi Inamdar, for the
Petitioner.
Mr. P. P. Kakade, Addl. G. P., a/w Mr. A. R. Deolekar, A.G.P., for the
Respondent-State.
Mr. S. S. Kanetkar, for the Respondent No.3 in WP/6027/2026.
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CORAM : GAUTAM A. ANKHAD &
SANDESH D. PATIL, JJ.
DATE : 18th MAY, 2026.
(VACATION COURT)
P.C. :
1. The Petitioner is a student of the first year of the Five-Year B.B.A. LL.B. course conducted by Respondent No.4 - College. The grievance of the Petitioner arises from the withdrawal of the examination form as per the notice issued on 20th April 2026 on the ground of shortage of attendance and consequent ineligibility to appear for the semester examination. As per the college, the Petitioner's attendance in the term was 53%. Manisha 1/3 ::: Uploaded on - 19/05/2026 ::: Downloaded on - 19/05/2026 20:51:28 :::
510-WP-6680-2026.doc
2. Mr. S. S. Kanetkar, learned counsel appearing for ILS Law College, opposes the Petition and points out that the Petitioner has approached this Court belatedly, particularly when the impugned action was taken on 20 th April 2026 and the examinations are already underway. However, it is brought to our notice that a Co-ordinate Bench of this Court, by orders dated 4th May 2026 passed in Writ Petition No.6027 of 2026 and connected matters, permitted similarly situated students to appear for the examinations, subject to the outcome of the petitions, taking into consideration that their attendance was above 50%.
3. Having regard to the aforesaid orders passed by the Co-ordinate Bench and considering that the Petitioner also claims to satisfy the minimum threshold of 50% attendance, we are prima facie of the view that limited interim protection deserves to be granted so as to avoid irreversible academic prejudice at this stage. Accordingly, the Petitioner is permitted to appear for the remaining examinations scheduled to be held on 19 th May 2026 and 26th May 2026. However, such permission shall be purely provisional and is subject to the final outcome of the present Writ Petition.
4. Dr. Uday Warunjikar, learned counsel appearing for the Petitioner, on Manisha 2/3 ::: Uploaded on - 19/05/2026 ::: Downloaded on - 19/05/2026 20:51:28 ::: 510-WP-6680-2026.doc instructions, states that the Petitioner shall not claim any equities on the basis of the present order or on account of having been permitted to appear for the examination. The statement is accepted.
5. All rights and contentions of the parties are expressly kept open. Affidavit-in-reply, if any, shall be filed on or before 15 th June 2026. List the matter on 22nd June 2026 along with Writ Petition No.6027 of 2026.
(SANDESH D. PATIL, J.) (GAUTAM A. ANKHAD, J.) Manisha 3/3 ::: Uploaded on - 19/05/2026 ::: Downloaded on - 19/05/2026 20:51:28 :::