The Bombay High Court has issued a significant directive to the Maharashtra state government, ordering it to communicate to all universities that the 'carry on' system allowing failed students to be promoted should not be implemented for the ongoing academic year 2025-26.
Court Questions Logic Behind the System
The division bench of Justices Ravindra V Ghuge and Ashwin D Bhoge expressed strong reservations about the educational policy, stating they "failed to understand the reason and logic" behind introducing the carry on facility for the academic year 2024-2025. The court noted this decision came after four years of the COVID-19 pandemic when many students had already appeared for examinations and passed during the intervening period.
Four Universities Found Violating Guidelines
The court discovered that despite clear limitations in the government resolution, four universities continued implementing the scheme for the 2025-26 academic year. The institutions identified include:
- Kavayitri Bahinabai Chaudhari North Maharashtra University, Jalgaon
- Punyashlok Ahilyadevi Holkar Solapur University, Solapur
- Sant Gadge Baba Amravati University, Amravati
- Shivaji University, Kolhapur
The bench found these universities' actions "contrary to the spirit of the GR and the circular" that originally introduced the system through a January 17 circular and February 10 Government Resolution.
Case Background and Petitioner Details
The direction came during hearing of a petition filed by an LLB student from Savitribai Phule Pune University (SPPU). The petitioner had sought provisional admission to the third-year LLB program despite having first-year backlogs. The student had failed in all eight subjects initially, later passing one in revaluation and two more with grace marks, but ultimately failing in five first-year subjects.
SPPU had provided special opportunities allowing second-year students with first-year backlogs to receive provisional admission to third-year classes for 2025-26. This policy was similarly extended to second-year backlog students for the fourth year, and third-year backlog students were permitted provisional admission to the fifth year.
The court clarified that academic results of students who have already benefitted from the scheme for 2025-26 would be subject to the outcome of the pending petition. The next hearing has been scheduled for December 10, 2025.
Court's Concerns About Education Quality
The High Court had previously raised serious concerns about the carry on system during September hearings. The bench had prima facie observed that such a scheme "would not advance the cause of quality and good education." The court's skepticism was further reinforced when it learned that letters from people's representatives had influenced the introduction of the carry on system.
The state government's affidavit revealed that political pressure played a role in implementing the controversial policy. The court noted that apart from the four universities mentioned, no other institutions had introduced the carry on facility for the current academic year.
The bench found it "obvious that the said four universities apparently misread" the government resolution and state circular, which was originally restricted only to the Engineering Faculty but had been incorrectly applied to all faculties.
The High Court has directed the state government to formally communicate to all universities that the carry on system should not be implemented for the 2025-26 academic year, except where benefits have already been extended to some students. The court has also sought affidavits in reply from the universities involved in the matter.
