Maharashtra’s GR allowing failed students to be promoted won’t advance cause of quality & good education: HC

Taking note, the HC bench directed all non-agricultural universities in Maharashtra governed by Maharashtra Public University Act, 2016 to be added as party-respondents in the matter and file affidavits in light of circulars issued by them based on the GR. It also sought an affidavit from the state government by October 17.

The SPPU circular provided special opportunities to second-year students with first-year backlogs to be promoted for provisional admission of the first semester the third year for academic year 2025-26.

It further extended the same relaxation to those who have backlogs from second year, to get provisional admission to the first semester of the fourth year. Moreover, the SPPU circular allowed those who could not clear the backlogs from third year to get provisional admissions to the first semester of the fifth year.

Earlier on September 9, the HC had come down heavily on SPPU for this move, calling the circular “not only surprising, but shocking” and had sought its response.

A division bench of Justices Ravindra V Ghuge and Ashwin D Bhobe was hearing a plea by an LLB student from SPPU seeking the benefit of the circular despite having a first-year backlog.

The HC had on September 9 observed, “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.”

The bench then found the SPPU circular “to be beyond logic and reason.” Refusing relief to the petitioner, it had said that “If this is the type of rule being introduced by SPPU, 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.”

On September 22, the bench referred to a “strict” circular issued by Dr Babasaheb Ambedkar Marathwada University (BAMU), Chhatrapati Sambhajinagar, which stipulated the students to clear/pass 75 % subjects of current year before moving to the next year.

“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 fingertips and has an advantage of technological advancement, when it comes to assimilating knowledge deliver better performance in exams,” it added.

State’s lawyer told the HC that relying on the February 10, 2025 GR, “several universities have allowed the students to continue with the next year’s curriculum and sometimes even to the third year curriculum, despite failing in the first year.”

“Prima facie, we find that such GR would not advance the cause of quality and good education,” the HC observed and issued notices to the non-agricultural universities in Maharashtra.

The court appointed senior advocate Darius Khambata to assist it in the matter as amicus curiae considering “interest of education being involved” and posted further hearing on November 11.