Bombay High Court

SURENDRAKUMAR GURUDAYAL SINGHversusSTATE OF MAHARASHTRA THRO. ITS DEPT. OF MEDICAL

Decided: 27 February 2026
Disposal: Disposed Off
Bench: R I CHAGLA ADVAIT M SETHNA

Holding

Petitioners may apply for the unclaimed 15% NRI seats in the institutional level round, provided they pay the applicable NRI fees.

Summary

The High Court was asked to clarify an interim order dated 17 February 2026 that directed the State CET Cell to allow petitioners to apply for postgraduate medical seats under the 35% Institutional Quota, including unclaimed 15% NRI seats. Petitioners argued that, under Section 7(iii) and Section 14 of the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015, the unfilled NRI seats should be opened to non‑NRI candidates. The State CET Cell agreed to let petitioners apply for those seats provided they pay the NRI fee prescribed by the Fee Regulatory Authority. The Court examined the statutory provisions and the State’s clarification, and held that the petitioners may indeed apply for the unclaimed NRI seats in the institutional round, subject to the fee condition. Consequently, the court clarified the interim order and disposed of all the interim applications.

Issues considered

What is the correct interpretation of Section 7(iii) and Section 14 of the Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015 regarding unclaimed NRI seats?
Whether non‑NRI petitioners can be permitted to apply for the 15% NRI seats that remain vacant after the CAP mop‑up round?

Subjects

admission
NRI seats
Institutional Quota
private unaided medical colleges
interim relief
CAP mop‑up round
Fee Regulatory Authority

Judgment

Digitally signed
by ARUNA
ARUNA SANDEEP
SANDEEP TALWALKAR
TALWALKAR Date:
2026.03.05
13:48:29 +0530
904.IA1711.2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 1711 OF 2026
IN
WRIT PETITION NO. 2300 OF 2026

Anil Yadav. ...Petitioner
Vs.
State of Maharashtra & Ors. ...Respondents.

WITH
INTERIM APPLICATION NO. 1707 OF 2026
IN
WRIT PETITION NO. 2302 OF 2026

Md. Taufique Alam ...Petitioner
Vs.
State of Maharashtra & Ors. ...Respondents.

WITH
INTERIM APPLICATION NO. 1705 OF 2026
IN
WRIT PETITION NO. 2305 OF 2026

Surendrakumar Gurudayal Singh. ...Petitioner
Vs.
State of Maharashtra & Ors. ...Respondents.

WITH
INTERIM APPLICATION NO. 1706 OF 2026
IN
WRIT PETITION NO. 2306 OF 2026

Hanuman Prasad. ...Petitioner
Vs.
State of Maharashtra & Ors. ...Respondents.

WITH
INTERIM APPLICATION NO. 1708 OF 2026

Talwalkar 1
904.IA1711.2026.doc

IN
WRIT PETITION NO. 2308 OF 2026

Suresh Kumar & Ors. ...Petitioners.
Vs.
State of Maharashtra & Ors. ...Respondents.

WITH
INTERIM APPLICATION NO. 1709 OF 2026
IN
WRIT PETITION NO. 2309 OF 2026

Dilip Singh Gehlot & Ors. ...Petitioners.
Vs.
State of Maharashtra & Ors. ...Respondents.

WITH
INTERIM APPLICATION NO. 1710 OF 2026
IN
WRIT PETITION NO. 2482 OF 2026
Kapil Bhardwaj & Ors. ...Petitioners.
Vs.
State of Maharashtra & Ors. ...Respondents.

WITH
INTERIM APPLICATION NO. 1704 OF 2026
IN
WRIT PETITION NO. 2480 OF 2026

Hanuman Chhaba & Ors. ...Petitioners.
Vs.
State of Maharashtra & Ors. ...Respondents.

-----------------
Mr. V.M. Thorat a/w. Mr. M.V. Thorat, Advocate for Petitioners.
Mr. P.P. Kakade, Addl. G.P. a/w. S.H. Kankal, AGP for Respondent – State in
WP/2300/2026.
Mr. P.P. Kakade, Addl. G.P. a/w. Smt. Priyanka B. Chavan, AGP for

Talwalkar 2
904.IA1711.2026.doc

Respondent – State in WP/2302/2026.
Mr. P.P. Kakade, Addl. G.P. a/w. Mr. S.H. Kankal, AGP for Respondent – State
in WP/2305/2026 & WP/2306/2026.
Mr. P.P. Kakade, Addl. G.P. a/w. Smt. Priyanka B. Chavan, AGP for
Respondent – State in WP/2308/2026.
Mr. P.P. Kakade, Addl. G.P. a/w. Mr. S.H. Kankal, AGP for Respondent – State
in WP/2305/2026 & WP/2309/2026.
Mr. P.P. Kakade, Addl. G.P. a/w. Smt. Priyanka B. Chavan, AGP for
Respondent – State in WP/2482/2026.
Mr. P.P. Kakade, Addl. G.P. a/w. Mr. S.H. Kankal, AGP for Respondent – State
in WP/2305/2026 & WP/2480/2026.
Mr. Sameer Khedekar a/w. Ms. Mayuri Andhale, Advocate for Respondent
No. 3.
Ms. Bharti Gerella (Law Officer of CET Cell).
Mr. Siddessh Nar (Exam Coordinator of CET Cell).

-----------------

CORAM : R. I. CHAGLA AND
ADVAIT M. SETHNA, JJ.

DATED : 27th FEBRUARY, 2026

P.C.:-

1. A clarification of the orders dated 17 th February, 2026 has been

sought in these Interim Applications. The said orders were passed in the

Writ Petitions which had granted Interim Relief by directing the Respondent

No. 3 – State CET Cell to allow the Petitioners to apply for admission to Post

Graduate Medical Course in ongoing Stray Vacancy Round under the 35%

Institutional Quota (IQ) and in subsequent rounds and for which necessary

steps would be taken for opening the registration portal for the Petitioners

on 18th or 19th February, 2026. It was further directed that the Respondent

No. 3 – State CET Cell will consider the Petitioners eligible for the Post

Talwalkar 3
904.IA1711.2026.doc

Graduate Medical Course in 35% Institutional Quota (IQ) in private un-

aided medical colleges and the Petitioners’ claim will be considered on

inter-se merit without insisting either on Domicile Certificate or passing of

MBBS Examination from the State of Maharashtra. The said Interim order

passed was made subject to the outcome of the Writ Petitions. Further

safeguards have also been provided in the said Interim Order.

2. Mr. Thorat, learned Counsel appearing for the Petitioners has referred

to Section 7(iii) of Maharashtra Unaided Private Professional Educational

Institutions (Regulation of Admissions and Fees) Act, 2015. The Regulation

states that a maximum of 15% of seats may be filled from NRI candidates at

the institution level, subject to approval by the Admission Regulating

Authority. He has also referred to Section 14 which provides for

Institutional Level Round for filling vacant seats after Centralized Admission

Process (CAP) Mop-Up rounds with prior approval of the Competent

Authority. He has submitted that 15% seats which are to be filled up from

NRI candidates at Institutional level are not being filled up due to there

being no NRIs to occupy such seats and accordingly, these seats are being

made available to join the Institutional level round after CAP Mop-Up

round. He has submitted that the Petitioners not being NRIs should be

allowed to apply for the 15% seats at the Institutional level rounds which

are unclaimed by the NRI candidates.

Talwalkar 4
904.IA1711.2026.doc

3. Mr. Sameer Khedekar, learned Counsel appearing for the Respondent

No. 3 - State CET Cell on instructions states that the Petitioners will be

allowed to apply for the 15% unclaimed NRI seats during the Institutional

level round provided they pay the applicable fees for NRI candidates as

prescribed by Fee Regulatory Authority. The statement is accepted.

4. In view of the above statement, the said Interim order dated 17 th

February, 2026 and in particular, the direction in paragraph-5 stands

clarified.

5. In view of the above, the Interim Applications are disposed of.

[ADVAIT M. SETHNA, J.] [R.I. CHAGLA, J.]

Talwalkar 5

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