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Bombay High Court
Pankaj Vijay Pachpole vs The State Of Maharashtra And Others on 26 December, 2025
WP NO. 15698 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 15698 OF 2025
Pankaj Vijay Pachpole
VERSUS
The State of Maharashtra and Others
...
• Mr. N. D. Sonawale, Advocate h/f. Mr. Vinod B. Jadhav,
Advocate for the Petitioner
• Mr. V. M. Lomte, AGP for Respondent No. 1 - State
• Mr. S. B. Pulkundwar, Advocate for Respondent No. 2 -
University
...
CORAM : MEHROZ K. PATHAN, J.
(VACATION COURT)
DATED : 26.12.2025
PER COURT :
1. Heard. Issue notice to the respondents, returnable on
23.01.2026. The learned APP waives notice for Respondent No. 1 -
State. Mr. Pulkundwar, Advocate waives notice for Respondent No. 2
- University.
2. Learned counsel for the petitioner submits that the petitioner is
seeking a last opportunity to appear in the theory examinations
conducted by Respondent No. 2 - University. However, Respondent
No. 2 has returned the petitioner's examination form by the
impugned communication dated 08.12.2025, on the ground that the
petitioner failed to clear all subjects within a period of 8 years, as
Jhs/ 1/5
WP NO. 15698 OF 2025
prescribed under Circular No. 90 of 2018 issued by the Maharashtra
University of Health Sciences. Consequently, the petitioner has been
disallowed from appearing in the Final BDS Winter-2025
examination.
3. It is submitted that the petitioner has filled up the examination
form to appear only in two theory subjects, namely Oral Medicine &
Radiology and Paedodontics & Preventive Dentistry for Final Year
BDS. The examination in Oral Medicine & Radiology is scheduled on
01.01.2026 from 02.00 p.m. to 05.00 p.m., whereas the examination
in Paedodontics & Preventive Dentistry is scheduled on 10.01.2026
from 02.00 p.m. to 05.00 p.m.
4. The examination form was returned by the Controller of
Examinations vide communication dated 13.11.2025, which was
received by the College on 12.12.2025, thus, the petitioner
approached this Court. It is further submitted that the petitioner has
successfully cleared all other examinations of the BDS course and
only the aforesaid two theory papers remain. This being his last
permissible attempt, denial of permission would cause irreparable
loss and seriously prejudice his career.
5. Learned counsel for the petitioner places reliance on the
judgment of the Division Bench at the Principal Seat in Mr. Darshil
Atul Lotia v. Maharashtra University of Health Sciences and Others,
Jhs/ 2/5
WP NO. 15698 OF 2025
decided in Writ Petition No. 17389 of 2025 on 23.12.2025, wherein,
in an identically situated student, who was admitted in the academic
year 2017-2018 was permitted to appear in the Winter-2025 BDS
examination. He, therefore, prays that the petitioner be permitted to
appear in the examinations scheduled on 01.01.2026 and
10.01.2026, by issuing directions to the University to issue the hall
ticket/admit card.
6. As against this the Learned counsel for Respondent No. 2 -
University vehemently opposes the grant of any interim relief. He
submits that the rules clearly mandate completion of the BDS course
within nine years, including one year of compulsory rotary
internship. The petitioner was admitted on 03.09.2017 at KBH Dental
College and Hospital, and the nine-year period would expire on
02.09.2026. The petitioner ought to have completed all theory
examinations by 02.09.2025, and permitting him to appear in the
Winter-2025 examination would amount to violation of Circular No.
90/2018 issued by the Dental Council of India.
7. Reliance is placed on the judgments in Neha Chandrakishor
Kamble and Another v. Union of India and Others (W.P. No. 7421 of
2025, decided on 24.06.2025), Siddhant Mahajan and Others v. State
of Rajasthan and Others, reported in 2025 SCC OnLine SC 2864, and
the judgment of the Nagpur Bench of this Court in W.P. No. 3703 of
Jhs/ 3/5
WP NO. 15698 OF 2025
2024, decided on 21.06.2024.
8. I have carefully considered the judgment of the Division Bench
at the Principal Seat in Writ Petition No. 17389 of 2025, dated
23.12.2025. The Principal Seat has examined in detail the scope of
Circular No. 90/2018 and the case of identically situated student
admitted in the academic year 2017-2018, who were denied
permission to appear in the Winter-2025 examination. The Division
Bench partly allowed the writ petition and directed the University to
issue hall tickets/admit cards permitting the petitioners therein to
appear for the Winter-2025 BDS examination.
9. The other judgments relied upon by Respondent No. 2 do not
directly govern the issue involved in the present case. The judgment
of the Hon'ble Supreme Court pertains to the admissions of the
students to the BDS course without scoring the prescribed minimum
percentile, whereas the judgment of the Nagpur Bench pertains to a
student seeking permission to sit in the exams even after the
stipulated nine-year period.
10. The decision in Neha Chandrakishor Kamble (Supra) has
already been considered by the Division Bench at the Principal Seat
in Darshil Atul Lotia (Supra), and after due consideration, permission
was granted to appear in the Winter-2025 examination. In view
thereof, I am inclined to grant ad-interim relief.
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WP NO. 15698 OF 2025
11. Hence, the following order:
ORDER
A) The respondent No. 2 and 3 are directed to accept the
examination form for Final BDS Winter - 2025
examination.
B) Respondent No. 2 - Maharashtra University of Health
Sciences, Nashik and Respondent No. 3 - College, are
directed to issue the hall ticket/admit card to the petitioner
for appearing in the Winter-2025 BDS University
Examination.
12. Learned counsel for Respondent No. 2 undertakes to
communicate this order forthwith, so as to ensure that the petitioner
is permitted to appear in the examination.
13. Parties shall act on the authenticated copy of this order.
14. Stand over to 23.01.2026.
( MEHROZ K. PATHAN, J. )
