‘Failed to understand logic’: HC says universities shouldn’t implement ‘carry on’ system for failed students in 2025-26

The four universities include Kavayitri Bahinabai Chaudhari North Maharashtra University, Jalgaon; Punyashlok Ahilyadevi Holkar Solapur University, Solapur; Sant Gadge Baba Amravati University, Amravati and Shivaji University, Kolhapur.

A division bench of Justices Ravindra V Ghuge and Ashwin D Bhobe clarified that the academic results of students who have benefitted from the scheme for 2025–26 would be subject to the outcome of a petition filed by an LLB student from Savitribai Phule Pune University (SPPU). The petitioner sought provisional admission to third-year LLB despite having a first-year backlog.

SPPU had provided special opportunities to second-year students with first-year backlogs, permitting them provisional admission to third-year for 2025–26. This was also extended to second-year backlog students for fourth year, and third-year backlog students were allowed provisional admission to the fifth year.

The HC noted that the petitioner had failed in all eight subjects, later passing one in revaluation and two more with grace marks, but ultimately failed in five first-year subjects. However, the SPPU lawyer clarified that its decision would not be applicable to students who failed in revaluation.

The SPPU and state government had on September 22 told the HC that several of the non-agricultural universities in Maharashtra had followed similar policy based on the GR. The HC had then raised concerns, prima facie observing such a scheme “would not advance the cause of quality and good education”.

On November 11, after perusing state government’s affidavit, which stated that letters written by people’s representatives led to the introduction of “carry on” system, the bench observed, “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 Covid- 19 pandemic, when several students have already appeared for examinations and passed out, in the interregnum. ”

The court was informed that apart from the concerned four universities, no other universities had introduced the “carry on” facility.

The bench found it “obvious that the said four universities apparently misread” the GR and state circular in question, which was restricted only to the Engineering Faculty, but made applicable to all the faculties and continued the same for academic year 2025-26.

The HC said while it will later assess whether other universities followed the “carry on” system, “there was no dispute that the GR was intended to extend such benefit only for the academic year 2024–2025.”

Posting the next hearing on December 10, the HC directed the state to communicate to all universities not to implement the ‘carry on’ system for the ongoing academic year 2025-26 and also sought affidavits in reply from the universities.