Ruchika Vinod Gaikwad and Ors. vs the Shivaji University, Kolhapur Thr. Vice- Chancellor and Ors. — Bombay HC (2025) — LawSathi Research

Ruchika Vinod Gaikwad and Ors. vs the Shivaji University, Kolhapur Thr. Vice- Chancellor and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief granted at this interim stage; the interim prayers (permission to appear in the November 2025 examination) were not granted. Notice issued to the respondents returnable on 22 December 2025; learned counsel waived notice for respondent Nos. 1, 2 and 3; private notice on respondent No. 4 permitted; affidavit-in-reply to be filed within 2 weeks; matter to be listed on 22 December 2025.

Issue for consideration

Whether the petitioners and all similarly situated students may be directed to be permitted to appear for the final year law examination scheduled for November 2025, despite Circular dated 7 November 2025 issued by respondent No.1 University restraining them from appearing for the final year examination of the LL.B. 3 years course. +2 more

Ratio / Principle

The petitioners cannot claim to be at par with the petitioners in Writ Petition No. 12453 of 2025: unlike the petitioners in that writ petition, who had only one subject as backlog, the present petitioners have backlogs of more than 2 subjects, some with 3 to 8 subjects, and in some cases 10 subjects.

Key takeaways

No interim reliefs could be granted since the examinations have already commenced, also considering the backlog position of the petitioners.ratio¶¶20

Detailed headnote1 paragraphs

Interim order, Bombay High Court (Kolhapur Circuit Bench), Writ Petition No. 12579 of 2025, Ruchika Vinod Gaikwad & Ors. v. Shivaji University, Kolhapur & Ors. (M. S. Karnik and Ajit B. Kadethankar, JJ.), dated 27 November 2025. Petitioners, students with multiple subject backlogs, challenged Circular dated 7 November 2025 issued by respondent No.1 University restraining them from appearing for the final year examination of the LL.B. 3 years course, and sought a direction permitting them and all similarly situated students to appear in the November 2025 examination, relying on this court's decision dated 21 November 2025 in Kishor Bhaskar Bansode & Ors. v. Shivaji University, Kolhapur & Ors., Writ Petition No. 12453 of 2025. The court held that these petitioners cannot claim parity with the petitioners in Writ Petition No. 12453 of 2025, who had only one subject backlog, whereas the present petitioners have backlogs of more than 2 subjects (some 3 to 8, in some cases 10); and, since the examinations had already commenced from 24 November 2025, no interim relief could be granted. Notice was issued to the respondents returnable on 22 December 2025, notice was waived by counsel for respondent Nos. 1-3, private notice on respondent No. 4 was permitted, affidavit-in-reply was directed within 2 weeks, and the matter was listed on 22 December 2025.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 12579 OF 2025

Digitally signed by UDAY UDAYSHIVAJI SHIVAJI JAGTAP JAGTAP Date:2025.12.03 11:47:21 +0530

Ruchika Vinod Gaikwad & Ors. … Petitioners

Versus

Shivaji University, Kolhapur & Ors. … Respondents

Mr. Tehjeej A. Nadaf for the Petitioners. Mr. Yuvraj Narawankar for the Respondent - 1 University.

Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.

Date : November 27, 2025.

P. C. :

1. Heard learned counsel.

2. Learned counsel for the petitioners prays for a direction to permit the petitioners and all similarly situated students to appear for inal year law examination scheduled for November 2025. The examinations have already commenced from 24^th November 2025. This petition was iled on 25^th November 2025. The petitioners are challenging Circular dated 7^th November 2025 issued by the

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respondent No.1 – University, thereby restraining the petitioners from appearing for the inal year examination of LLB 3 years course.

3. Learned counsel for the petitioners relied upon a decision of this court in case of Kishor Bhaskar Bansode & Ors. Vs. Shivaji University, Kolhapur & Ors. in Writ Petition No. 12453 of 2025, dated 21^st November 2025.

4. In our view, the petitioners cannot claim to be at par with the petitioners in Writ Petition No. 12453 of 2025. Learned counsel for the respondent No.1 – University submitted that the petitioners have backlog of more than 2 subjects remaining and in fact, some of the petitioners have 3 to 8 subjects as backlog. It could be seen that in some cases, the backlog is of 10 subjects.

5. In Writ Petition No. 12453 of 2025, the petitioners had only one subject as a backlog. Since the exams have already commenced, it is not possible for us to grant any interim reliefs prayed for, also considering the backlog position so far as petitioners are concerned.

6. Issue notice to the respondents returnable on 22^nd December 2025.

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7. Learned counsel waives notice for respondent No.1, 2 and 3.

8. In addition to court notice, private notice on respondent no. 4 is permitted.

9. Aidavit-in-reply to be iled within 2 weeks from today.

10. List on 22^nd December 2025 .

[Ajit B. Kadethankar, J. ]

[ M. S. Karnik ]

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