Bombay High Court
Amit Sahadev Harale vs The State Of Maharashtra Thru. ... on 11 November, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
TRUPTI
SADANAND
BAMNE
Digitally signed by
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BAMNE
Date: 2025.11.13
12:54:40 +0530
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 & Ors. ... Respondents
...
Mr. Darius Khambatta, Senior Advocate, appointed as Amicus Curiae and
Ms.Nishtha Gupta, Asstt. to Amicus.
Dr.Uday P. Warunjikar i/b. Mr.Rajat V. Dighe for the Petitioner.
Mr.P.P.Kakade, Addl.GP with Mrs.Pooja Joshi Deshpande, AGP for
Respondent No.1, State.
Mr.Rajendra Anbhule for Respondent No.2- Pune University.
Mr.Vikram N. Walawalkar with Gracy Saldanha for Respondent No. 19-
Shivaji University Kolhapur.
Mr.Rui Rodrigues for Respondent No. 26- University of Mumbai.
Mr.Huzefa Khokhawala and Mr. Karan Parmar i/b. M/s. Nankani &
Associates for Respondent No. 31.
...
CORAM : RAVINDRA V. GHUGE &
ASHWIN D. BHOBE, JJ.
DATE : NOVEMBER 11, 2025 P.C:
1. Mr. Khambatta, the learned Senior Advocate and Amicus Curiae, has addressed us.
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2. The learned Advocate appearing on behalf of added Respondent No. 31, namely, Bharatiya Vidya Bhavan, submits, on instructions, that this institution is not concerned with the issue before this Court in the present proceedings and has been wrongly added as a Respondent. The learned Advocate for the Petitioner submits that Respondent No. 31 would be deleted forthwith. Leave granted.
3. We have perused the affidavit in reply filed on behalf of the State through Mr. Pratap Pandurang Lubal, Deputy Secretary, Higher and Technical Education Department, Mantralaya, Mumbai, dated 7th November, 2025.
4. On 22nd September 2025, we had passed the following order :
"1. On 9th September, 2025 we had passed the following order :-
"1. We have heard the learned Advocates for the Petitioner and the Respondent No.2, University.
2. The Petitioner has failed in the Ist Year LL.B. We decline to grant any relief to the Petitioner or entertain this Petition to the extent of the prayers made and the reliefs sought, more so because he is not entitled to receive any benefit of the Circular No. 209 of 2025.
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3. The learned Advocate for the Petitioner submits, on instructions from the biological father of the Petitioner, that the Petitioner would not press this Petition. However, we deem it proper to issue notice only to the Savitribai Phule Pune University, since we are intrigued by the Circular No. 209 of 2025, issued by the said University.
4. Circular No. 209 of 2025 issued by the Savitribai Phule Pune University under the signature of the Deputy Registrar of the University, is not only surprising, but, shocking. The Circular indicates that special opportunities are being extended to those students who have failed (vuqRRkh.kZ) in the first year in both the semesters of October- November, 2024 and April-May, 2025, and they would be promoted to the third year's first semester. Similarly, those who have failed in the second year would be granted provisional admission to the first semester of the fourth year and the same would apply to students who fail in the third year, would be granted provisional admission to the first semester of the fifth year.
5. The learned Advocate for the University is instructed to say that though the Marathi construction of sentences in the Circular may not give a clear idea, the University had a design to let ATKT students of the first year who have passed the second year, be provisionally admitted to the third year. Hence, the language in paragraph No.1 of the Circular states that the students from the first year would be provisionally admitted to the first semester of the third year. This principle would apply even to students studying in the second year and the third year, who may be admitted to the first semesters of Trupti ...3 ::: Uploaded on - 13/11/2025 ::: Downloaded on - 13/11/2025 20:32:40 ::: 915-wp-11651-2025.odt the fourth year and the fifth year, respectively.
6. We find that in all Universities, the principle of "Allowed To Keep Terms (ATKT)" is applicable, meaning thereby that students who are eligible for the ATKT, can be admitted to the next year. They then, have to pass/clear all the subjects of the first year, while appearing for the examinations of the second year. For instance, if they pass all the ATKT subjects of the first year and acquire ATKT for the second year, such students can be admitted to the third year for the ATKT applicable to the second year.
7. In the case in hands, if the version of the learned Advocate for the Petitioner is accepted, the Marathi language in the said Circular indicates that even if a student has failed in the first year, he can be given admission to the first semester of the third year, provided that he has passed the second year. A student who has failed in the second year, can be granted provisional admission to the first semester of the fourth year.
8. Moreover, it is beyond logic and reason as to why a student who has failed in the first year should be granted admission to the third year's first semester. If this is the type of rule being introduced by the University, which carries the name of a great and revered educationist Smt. Savitribai Phule, it would not augur well for the academic excellence of students in this University.
9. It is only for this purpose that we are keeping this Petition alive and we are directing the Vice-Chancellor of the Respondent No.2 University, to file his personal affidavit setting forth all the grounds Trupti ...4 ::: Uploaded on - 13/11/2025 ::: Downloaded on - 13/11/2025 20:32:40 ::: 915-wp-11651-2025.odt and circumstances in which this proposal for the introduction of Circular No. 209 of 2025, was mooted and which academic authority of the University i.e. Board of Studies, Academic Council, have cleared such a proposal. So also, the VC would give us the specific full names/details of the students who have taken the benefit of this Circular. The affidavit of the Vice-Chancellor shall be filed, on or before 18th September, 2025.
10. We are listing this Petition on 22nd September, 2025 at Serial No. 1 in the Fresh Admissions Board.
11. We direct that if the father of the Petitioner moves an application to the Director of Board of Examination and Evaluation or to the Principal of the Respondent No.4 College, to be forwarded to the University through the proper channel for seeking a writer in English language who is not taking education in the faculty of law in which the Petitioner is taking education, the University would carry out a due diligence exercise and grant such permission to have an appropriate writer by following the due procedure."
2. The learned Advocate for the Pune University has made an attempt to convey to us that the Circular No. 209 of 2025, was issued with the sanction of the Academic Council and that is how the students, who have failed in the 1st Year, were to be given provisional admission to the 3rd Year and similarly those, who failed in the 2nd Year, would be admitted to the 4 th Year and those who failed in the 3 rd Year, would be admitted in the 5th Year.
3. We have noticed that the Dr. Babasaheb Ambedkar Marathwada University, Chhatrapati Trupti ...5 ::: Uploaded on - 13/11/2025 ::: Downloaded on - 13/11/2025 20:32:40 ::: 915-wp-11651-2025.odt Sambhajinagar, has issued a Circular dated 1 st August, 2025 making it mandatory as under :-
a. Any student who desires admission to the next year, should pass 75% of the subjects of the current year.
b. If a student is to be admitted to the 3 rd Year, he must pass all the subjects of the 1st Year and 75% subjects of the 2nd Year.
c. If a student is to be admitted to the 4th Year, he must pass all the subjects of the 1st and 2nd Years and 75% subjects of the 3rd Year.
We are of the view that the Dr. Babasaheb Ambedkar Marathwada University, has shown the firmness in issuing a strict Circular, different than the Circular issued by the Pune University. Prima facie, we find that the Pune University Circular appears to be lowering the standards of education of a generation, which is techno-savvy, has sources of knowledge at its finger tips and has an advantage of technological advancement, when it comes to assimilating knowledge deliver better performance in exams.
4. The learned Advocate for the Pune University submits that most of the Non-agricultural Universities in the State of Maharashtra have followed the policy akin to the Circular introduced by the Pune University.
5. The learned Additional Government Pleader submits that the Government Resolution (GR) dated 10th February, 2025 has introduced the 'Carry On' Principle and relying upon the said GR, several Universities have allowed the students to continue with the next year's curriculum and sometimes even to the 3rd Year curriculum, despite failing in the 1st Year.
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6. Prima facie, we find that such GR would not advance the cause of quality and good education.
7. We, therefore, direct the Petitioner to add all the Non-agricultural Universities in the State of Maharashtra, who are covered by the Maharashtra Public University Act, 2016, as 'Respondents', answerable through their Registrars. Addition to be carried out within 7 days from today. After addition of such Universities, issue notice to the added Respondents, returnable on 11th November, 2025, to be listed in the 'Urgent Admissions Supplementary Board'.
8. Let all the Universities file their Affidavits-in- Reply in the light of Circulars issued on the Principle of 'Carry On'. Needless to state, even the State would file it's Affidavit on or before 17 th October, 2025.
9. Considering the conspectus of the matter and the interest of education being involved, we requested the learned Senior Advocate Shri. Darius Khambatta to be the amicus curiae. Shri. Khambatta has graciously accepted our request. We call upon the learned Advocate for the Petitioner to prepare a complete set of the Petition paper-book to be delivered to Shri. Khambatta, within 7 days from today."
5. In the affidavit in reply filed on behalf of the State at page no. 337, our attention has been drawn by the learned Amicus as well as the learned Addl.GP, to the background leading to the issuance of the Government Resolution (GR) dated 10th February, 2025. Our attention has also been invited to two letters written by People's Representatives, Trupti ...7 ::: Uploaded on - 13/11/2025 ::: Downloaded on - 13/11/2025 20:32:40 ::: 915-wp-11651-2025.odt addressed to the Hon'ble Minister, Higher and Technical Education, Government of Maharashtra, Mantralaya, Mumbai, proposing the introduction of the "Carry On" system, meaning thereby that even if a candidate has failed in all subjects, he should be granted provisional admission to the next year. Vide the said affidavit, we are informed that due to the Covid-19 pandemic situation, the "Carry On" system was introduced for the academic year 2024-2025.
6. Prima facie, we fail to understand the reason and logic behind introducing the "Carry On" facility for the academic year 2024-2025, after four years of the pandemic, when several students have already appeared for examinations and passed out, in the interregnum. We have also noted the letters written by the People's Representatives which led to the introduction of the "Carry On" system.
7. It is brought to our notice that, out of the non-agricultural Universities governed by the Maharashtra Public Universities Act, 2016, only the following four Universities accepted and introduced the "Carry On" system for their students:
"2.2 ............
1. Kavayitri Bahinabai Chaudhari North Trupti ...8 ::: Uploaded on - 13/11/2025 ::: Downloaded on - 13/11/2025 20:32:40 ::: 915-wp-11651-2025.odt Maharashtra University, Jalgaon;
2. Punyashlok Ahilyadevi Holkar Solapur University, Solapur;
3. Sant Gadge Baba Amravati University, Amravati; and
4. Shivaji University, Kolhapur."
8. We are informed that all other Universities did not introduce the "Carry On" facility. It is obvious that the above-mentioned four Universities apparently misread the GR dated 10 th February 2025, which had been issued pursuant to the Circular dated 17 th January 2025, and which was in fact restricted only to the Engineering Faculty. The same, however, was made applicable to all faculties by those four Universities. We will have to await the affidavits of the other Universities to assess whether they implemented the GR dated 10th February, 2025, for the academic year 2024-2025.
9. Be that as it may, there is no dispute that the GR was intended to extend such benefit only for the academic year 2024-2025. We are informed today that some Universities, particularly the four mentioned above, have continued the "Carry On" system even for the academic year 2025-2026, which is contrary to the spirit of the GR as well as the Circular.
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10. The Petitioner had failed in all eight subjects. In revaluation, he passed in one subject and, with the addition of grace marks, passed in two more subjects. Thus, he has failed in five subjects in the first year. Therefore, his provisional admission to the second year has been cancelled.
11. The Circular No. 209 of 2025 issued by the Savitribai Phule Pune University, gives a picture that the "Carry On" system has been made applicable to all faculties in the said University even for the academic year 2025-2026. However, the learned Advocate for the Pune University, on instructions, clarifies by virtue of the affidavit in reply dated 16 th September, 2025 of the University, from paragraph 11 on page no. 42 of the affidavit that, the said Circular is made applicable only to those candidates who have failed and have applied for revaluation. If in the revaluation, the candidates have failed, the benefit of the Circular will not be extended to them. Such a method of "Carry On" is applicable only in the form of a provisional admission to the third, fourth, and fifth years.
12. For the reasons set out in our order dated 22 nd September, 2025, and in light of the above facts, we find it appropriate to direct the State Government to communicate to all Universities that have continued the "Carry On" system for the academic year 2025-2026, that the said Trupti ...10 ::: Uploaded on - 13/11/2025 ::: Downloaded on - 13/11/2025 20:32:40 ::: 915-wp-11651-2025.odt system shall not be implemented for that academic year, save and except, if the benefit has already been extended to some students. Needless to state, the academic performance/results of those students who have benefited from the said scheme for the academic year 2025-2026, de-hors the Circular dated 17th January, 2025 and the GR dated 10th February 2025, would be subject to the result of this Petition. No further benefit under the said Circular shall be extended to any student.
13. List this Petition on 10th December, 2025 at 3.00 pm with the consent of the learned Amicus, Mr.Khambatta, the learned Addl.GP, and the learned Advocates appearing for the respective parties. Let the Universities who desire to enter their affidavits in, do so, on or before 29 th November, 2025. All Respondents filing their affidavits in reply shall serve copies thereof upon the learned Amicus without delay. The Petitioner shall ensure that the pagination of the affidavits in reply is in continuation, date- wise.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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