Bombay High Court
Amit Sahadev Harale vs The State Of Maharashtra Thru. ... on 23 January, 2026
Author: R.I. Chagla
Bench: R.I. Chagla
12-WP 11651.2025.doc
Kavita S.J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11651 OF 2025
Amit Sahadev Harale ...Petitioner
Versus
The State of Maharashtra ...Respondents
Through the Secretary and Ors.,
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Mr. Uday Warunjikar a/w Mr. Utkarsh R. Pondkule i/b Ms. Gargi U.
Warunjikar for Petitioner.
P.P. Kakade, AGP a/w Ms. Pooja Joshi Deshpande for Respondent
No.1.
Mr. Rajendra Anbhule for Respondent No.2.
S.S. Kanetkar for Respondent No.3.
Mr. Prasad Nagargoje for Respondent No.8.
Mr. Vikram N. Walawalkar for Respondent No.19 - Shivaji University,
Kolhapur.
Ms. Disha Vardhon a/w Prajakta Shinde & Ms. Pushpa Prajapati for
Respondent No.20 - SNDT Women's University.
Ms. Pratibha D. Shelake for Respondent No.21 - Punyashlok
Ahilyadevi Holkar Solapur University.
Mr. Rui Rodrigues for Respondent No.26.
R.S. Pawar for Respondent in WP 11651/2025.
Mr. Yuvraj Nawankar a/w Rauja Shaikh for Respondent Nos. 2 to 4 in
WP 12500/2025 & WP(st) 30838/2025.
KAVITA
Mr. Darius Khambata, Senior Counsel (Amicus Curie).
SUSHIL
JADHAV Nishtha Gupta for Asst. to Amicus Curie.
Digitally signed by
KAVITA SUSHIL
JADHAV
Date: 2026.01.27
11:12:55 +0530 ----------
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CORAM : R.I. CHAGLA AND
ADVAIT M. SETHNA, JJ.
DATED : 23rd JANUARY, 2026.
ORDER :
1. The Writ Petition had come up before this Court on 9th September, 2025 when this Court had not granted any relief to the Petitioner but had kept the Petition alive. This in order to consider the validity of Circular No.209 of 2025 and the Government Resolution ("GR") dated 10th February 2025, introducing the "Carry On" principle and pursuant to which, several Universities have allowed the students to continue with the next year's curriculum inspite of having failed in their examinations.
2. It is pertinent to note that there is no challenge to the said GR dated 10th February, 2025 and / or Circular No.209 of 2025 . The Petitioner had on the contrary sought the relief of receiving the benefit of the Circular No.209 of 2025.
3. By the Order dated 22nd September, 2025, this Court had expressed a prima facie opinion that the said GR dated 10th February, 2025 would not advance the cause of quality and good education. This Court had directed the Petitioner to add all non- 2/4 ::: Uploaded on - 27/01/2026 ::: Downloaded on - 30/01/2026 21:50:22 :::
12-WP 11651.2025.doc agricultural Universities in the State of Maharashtra who are covered by Maharashtra Public University Act, 2016, as 'Respondents', answerable through their Registrars. Further, all the Universities were to file their Affidavits-in-Reply. The Respondent - State was also directed to file Affidavit on or before 17th October, 2025. This Court had requested Mr. Darius Khambata, learned Senior Counsel of this Court to be the Amicus Curie and which was accepted by Mr. Khambata.
4. The issue which arises for consideration is, whether the Government Resolution dated 10th February, 2025 is constitutionally valid and not ultra vires the Maharashtra Public University Act, 2016. This issue is suo moto being considered by this Court. The pleadings of the parties shall be completed prior to the next date.
5. Place the Writ Petition on 27th March, 2026 for hearing at 3.00 p.m.
6. A brief note of Written Arguments shall be filed for the assistance of this Court by the parties who wish to be heard and which shall also include the Amicus Curie.
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7. The said note shall be exchanged with the Amicus Curie prior to the next date.
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