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Bombay High CourtWP/1601/2026disposed off

Girish Vishnu Mhaskar v. Shivaji University Kolhapur Thr. Its Vice - Chancellor And ORS

2026-04-16Hon'Ble Shri Justice Madhav J. Jamdar , Hon'Ble Shri Justice Pravin Sheshrao Patil4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12579 OF 2025 Ruchika Vinod Gaikwad & Ors.

...Petitioners.

Versus

The Shivaji University, Kolhapur.

...Respondents.

Through its Vice-Chancellor & Ors.

WITH WRIT PETITION NO.1601 OF 2026 Girish Vishnu Mhaskar

...Petitioner.

Versus

The Shivaji University, Kolhapur.

...Respondents.

Through its Vice-Chancellor & Ors.

WITH WRIT PETITION NO.12578 OF 2025 Vaibhav Ashok More & Ors.

...Petitioners.

Versus

The Shivaji University, Kolhapur.

...Respondents.

Through its Vice-Chancellor & Ors.

------ Mr. S. R. Ganbavale a/w Kunal Nalwade, for the Petitioner in WP No.1601 of 2026.

Mr. Yuvraj Narvankar a/w Rahul Patil, for the Respondent - Shivaji University. Mr. S. B. Kalel, AGP, for the Respondent-State in WP/12579/2025. Mr. V. M. Mali, AGP, for the Respondent-State in WP/1601/2026. Ms. T. J. Kapre, AGP, for the Respondent-State in WP/12578/2026. ------ Coram: Madhav J. Jamdar & Pravin S. Patil, JJ.

Date: April 16, 2026.

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P.C. :

1.

Heard Mr. Ganbavale, learned Counsel appearing for the Petitioners, Mr. Narvankar, learned Counsel appearing for the Respondent - Shivaji University and learned AGPs for the RespondentState of Maharashtra. 2.

Both the learned Counsel state that the issue involved in these Writ Petitions is the same as involved in Writ Petition No.1680 of 2026 and Writ Petition No.1681 of 2026. In those Petitions this Court has granted ad-interim relief permitting the Petitioners therein to appear for the forthcoming examination. Both the learned Counsel further state that the same relief be granted to the Petitioners in these Petitions.

3.

All the learned Counsel also rely on the Order dated 6th April 2026 passed in Interim Application (Stamp) No.7872 of 2026 in Writ Petition No. 17486 of 2025 and connected matters. The relevant portion of said Order dated 6th April 2026 reads thus: "4.

We consider it appropriate, given that the issue of 'carry on' is still being determined by this Court and that the 10th and Final Semester examination is commencing from 17th April 2026 and for which the examination forms are required to be filled up by 9th April 2026, subject to payment of fine, to allow the Petitioners to fill up the examination forms and to appear in the 10th and Final Semester examinations commencing from 17th April 2026. This shall be subject to the outcome of these Petitions as well as the outcome of the determination on the issue of 'carry on'. The Petitioners shall not claim any equities by virtue of this order.

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5.

We accordingly allow prayer clause (d) of the Interim Application (St.) No. 7872 of 2026 and Interim Application No. 2106 of 2026.

6.

It is made clear that this ad-interim order is applicable only to the present Petitioners / Applicants in both the Writ Petitions. 7.

Interim Application (St.) No. 7872 of 2026 and Interim Application No. 2106 of 2026 are disposed of in these terms. 8.

Liberty is granted to the Petitioners to apply to this Court in the event the issue of 'carry on' is decided against the Petitioners."

4.

Since the issue involved in these Petitions is also similar to the issue involved in Writ Petition No.11651 of 2025 and other connected matters, in the facts and circumstances, case for grant of ad-interim relief is made out. Hence, the following order is passed: -: ORDER :- (a) In Writ Petition No.12579 of 2025, there shall be ad-interim relief in terms of prayer clause (a), which reads thus: "a.

Issue a Writ, Order or Direction in the nature of mandamus directing the Respondent No. 1 to 3 (Shivaji University, Vice-Chancellor, and Registrar) to permit the Petitioners and all similarly situated students to appear for the final year law examination scheduled for April 2026."

(b) In Writ Petition No.1601 of 2026, there shall be ad-interim relief in terms of prayer clause (b), which reads thus: "b) Issue a Writ of Mandamus or any other appropriate writ, order, or direction, directing the Respondents, their officers, servants, and agents to 3 of

forthwith permit the Petitioner (MHASKAR GIRISH VISHNU, P.R.N. No. 2015025126) to fill the examination form and appear for the ensuing examinations for the backlog subjects of LL.B. Semester V, i.e., Paper Code 67333 (Civil Procedure Code and Limitation Act) and Paper Code 67334 (Law of Evidence);"

(c) In Writ petition No.12578 of 2025, there shall be ad-interim relief in terms of prayer clause (a), which reads thus: "a.

Issue a Writ, Order or Direction in the nature of mandamus directing the Respondent No. 1 to 3 (Shivaji University, Vice-Chancellor, and Registrar) to permit the Petitioners and all similarly situated students to appear for the final year law examination scheduled for April 2026."

5.

It is clarified that this interim relief is applicable only to the Petitioners in these petitions.

6.

Liberty is granted to both the parties to apply to this Court in event the issue of 'carry on' is decided by the Principal Seat in Writ Petition No.11651 of 2025 and connected matters. [Pravin S. Patil, J.] [Madhav J. Jamdar, J.] 4 of