Nisarga Satish Khanderao vs The Sate Of Maharashtra Thro. Its ...
2026 Latest Caselaw 5232 Bom

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
                         --------------------
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.
                             --------------------
                            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%.

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

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.)