Akshay Mane And ORS v. Amit Sahadev Harale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3659 OF 2026 IN WRIT PETITION NO. 11651 OF 2025 Anushka Degloorkar and Ors.
... Applicants In the matter between Amit Sahadev Harale
Versus
... Petitioner The State of Maharashtra and Ors.
... Respondents WITH INTERIM APPLICATION NO. 3660 OF 2026 IN WRIT PETITION NO. 11651 OF 2025 Akshay Mane and Ors.
... Applicants In the matter between Amit Sahadev Harale
Versus
... Petitioner The State of Maharashtra and Ors.
... Respondents -------------------- Dr. Uday Warunjikar a/w Mr. Sumit Kate, for the Petitioner. Mr. Sohan Gunjal, for the Applicant in IA/3659/2026 and IA/3660/2026.
Mr. Jainendra Sheth i/b Rui Rodrigues, for the Respondent No.26 in IA/3659/2026.
Mr. P. P. Kakade, Addl. G. P. a/w Mamta Shrivastava, A.G.P., for the Respondent-State in IA/3659/2026.
Mr. P. P. Kakade, Addl. G. P. a/w Mr. Aditya R. Deolekar, A.G.P., 1/5
for the Respondent-State in IA/3660/2026.
Mr. Rajendra Anbhule, for the Respondent No.2. -------------------- CORAM : GAUTAM A. ANKHAD & SANDESH D. PATIL, JJ.
DATE : 20th MAY, 2026.
(VACATION COURT) P.C. :
1.
The Applicants in the present Interim Applications are students who claim to have completed the third year of their academic studies. However, they could not clear the subjects as backlog for the second year. By virtue of circular issued by the Respondent No. 2, the student facing such circumstances were given provisional admission to the next year. The applicant secured the provisional admission for the next academic year by virtue of circular issued by the Respondent No.2 bearing no. 209/2025. The Applicants were enrolled in the fourth year on provisional basis, subject to clearance of the backlog pertaining to the second year, respectively. It is the case of the Applicants that, after obtaining their admission in the fourth year, they have attended all the lectures, practicals, and other academic activities, as per the requirement of law.
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2.
It is submitted by the learned Counsel appearing for the Applicants that the Applicants had appeared for the examinations for the backlog subjects which were conducted in October/ November 2025, and cleared the backlogs pertaining to the second year. The Applicants had contended that after the stay of the order of implementation of the "carry on" system shall not be permitted, the Respondent No.2 issued a letter on 10th April, 2026 with a rider that the examination of provisionally admitted students will be conducted after the decision of the High Court. It is in this premise, the Applicants have approached this Court.
3.
Dr Uday Warunjikar, learned Counsel appearing for the original Petitioner opposes the present Interim Applications. Mr Rajendra Anbhule is the learned Counsel appearing for the Respondent No.2. 4.
Having heard the respective Counsels appearing for the parties, we must note that on 18th May, 2026, this Court has passed a detailed order whereby such similarly situated students were permitted to 3/5
appear for the examinations. We had, while passing the said order relied upon the order dated 27th April, 2026 and 7th May, 2026, whereby similarly, situated students were granted permission. 5.
Taking into consideration the judgment and order dated 18th May 2026, 27th April 2026, and 7th May 2026, we are as and by way of interim measure inclined to direct the Savitribai Phule Pune University (Respondent No.2) to accept the examination form of the Applicants for the fourth year examination/respective examination scheduled in May 2026 and permit them to appear for the said examinations. All rights and contentions of the parties are expressly kept open. The appearance of the Applicants in the examination and the declaration of their results shall remain subject to 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 respective colleges shall forthwith verify the marksheets and eligibility credentials of the Applicants. The College/University shall undertake and complete the verification exercise within 24 hours from uploading of this order so as to ensure that eligible students are able to appear for the 4/5
examination commencing from 20th May 2026.
6.
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 the present Interim Applications be placed for further order on 12th June 2026, along with Writ Petition No.11651/2025.
(SANDESH D. PATIL, J.) (GAUTAM A. ANKHAD, J.) 5/5