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Bombay High Court

KUSH SAURABH DATARversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ANR

Decided
Disposal
Dismissed

Holding

A post‑merit‑list disability certificate does not entitle the petitioner to be inserted into the final CAP merit list or to participate in CAP Round III, and the petition is dismissed.

Summary

The petitioner, a candidate for first‑year engineering admission, obtained a disability certificate showing a learning disability of at least 40% on 13 August 2026, after the Centralized Admission Process (CAP) final merit list had been published on 27 July 2026. He sought a writ directing the State CET Cell to consider his application for CAP Round III under the PwD category, arguing that reasonable accommodation under Supreme Court precedent should apply. The respondents contended that inclusion in the final merit list is a prerequisite for participation in any CAP round, citing Rule 9(2) of the CAP information brochure, and that the petitioner’s certificate was issued too late to affect the merit list. The Court agreed with the respondents, holding that a post‑merit‑list disability certificate cannot retrospectively insert a candidate into the list or revive the CAP registration process. Consequently, the petitioner was directed to pursue admission through the non‑CAP institutional round, and the writ petition was dismissed.

Issues considered

  • Whether a candidate who obtains a PwD certificate after the publication of the final CAP merit list can be admitted to CAP Round III under the PwD category.
  • Whether the CET Cell is obligated to consider a belated PwD application despite the candidate’s absence from the merit list.
  • Whether the principle of reasonable accommodation for persons with disabilities extends to retrospective inclusion in a merit‑based admission process.

Subjects

  • Persons with Disabilities
  • Reasonable accommodation
  • Centralized Admission Process
  • Merit list
  • Technical education admission
  • Maharashtra State CET
  • Disability certificate
  • Admission rules

Judgment

                                                          1                     12-wp-10917-2026.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO. 10917 OF 2026

                    Kush Saurabh Datar                                         ...Petitioner
                             Vs.
                    The State of Maharashtra through
                    Principal Secretary and Another                             ...Respondents

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

                    Mr. Parth P. Deshpande, for the Petitioner.
                    Mr. Kedar B. Dige, Addl.G.P. a/w. Ms. Priyanka B. Chavan, AGP, for the
                    Respondent / State.
                    Dr. Dhruti Kapadia a/w. Ms. Kavita Dhanuka, for Respondent No.2 / CET
                    Cell.
                                                     -----------------
        Digitally
        signed by



                                                     CORAM :         R. I. CHAGLA AND
        MAMTA
MAMTA AMAR
AMAR KALE
KALE  Date:
      2026.08.31
        15:54:11
        +0530



                                                                     FIRDOSH P. POONIWALLA, JJ.

                                                     DATED       : 28th AUGUST, 2026

                    P.C.:-


                    1.             This Petition has sought for direction to Respondent Nos.1 and

                    2 to consider the Petitioner as a person with Benchmark Disability / PwD

                    candidate for the purpose of admission to First Year Undergraduate

                    Technical Courses in Engineering and Technology for the Academic Year

                    2026-2027, on the basis of the Disability Certificate dated 13th August 2026.

                    2.             When the Petition was filed on 20 th August 2026, the CAP

                     Mamta Kale                                                                  1/7
                                     2                      12-wp-10917-2026.doc


Round process was underway and in fact it had reached CAP Round III

stage and that is the reason for the Petitioner to seek a direction to

Respondent No.2 to accept and process the Petitioner’s representation dated

18th August 2026 and to consider his candidature for CAP Round III under

the PwD / PwBD category.

3.            The Petitioner had admittedly made an Application on 18 th

August 2026 by placing reliance upon a temporary certificate for education

purpose which showed the Petitioner having Learning Disability (Dyslexia

and Dysgraphia) not less than 40%.          He had accordingly sought for

permission to participate in CAP Round III, including option submission,

allotment and reporting, under the PwD / PwBD category on that basis.

4.            The Petitioner, at the time of making of the Application, was

well aware of the fact that the CAP Rounds have already commenced and

that the final merit list had also been published on 27 th July 2026. Even

then he chose not to apply under the PwD category prior to the final merit

list.

5.            The Petitioner’s Application was initially made on 2 nd July

2026. The Petitioner completed the online registration and uploaded the

requisite documents for admission through CAP for the said course for the

Academic Year 2026–2027 during the period from 2nd July 2026 to 19th July

2026. It is an admitted fact that, at that stage, the Petitioner did not possess

a Disability Certificate and, hence, the document scrutiny of the Petitioner’s

 Mamta Kale                                                                  2/7
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CAP Application which had been undertaken on 20 th July 2026 in PwD /

PwBD category could not be completed. The Petitioner having not been

successful in CAP Rounds I and II, and not having been allotted any seat

under the Open Category, as an after thought, sought to obtain the

Disability Certificate under the PwD / PwBD category.

6.            The Application has not been responded by Respondent No.2

State CET Cell and being aggrieved thereby the present Writ Petition has

been filed.

7.            Mr. Parth Deshpande, the learned Counsel for the Petitioner

submitted that the Disability Certificate having been obtained on 18 th

August 2026, showing the disability to the extent of not less than 40%,

ought to have been considered by Respondent No.2 State CET Cell, and the

Petitioner ought to have been permitted to apply under the PwD / PwBD

category for CAP Round III.

8.            Mr. Deshpande further submitted that the Petitioner being a

person with disability (PwD) had to be given reasonable accommodation as

held by the Hon’ble Supreme Court in several decisions. He has submitted

that, in the event the reliefs sought for are not granted, the Petitioner would

not be able to participate in the CAP Round under the PwD/PwBD category

and would be left with no option but to apply at the Institutional Level,

where admission would be at the discretion of the concerned Institution. He

has, accordingly, pressed for the reliefs sought for in the Petition to be

 Mamta Kale                                                                 3/7
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granted.

9.            Ms. Dhruti Kapadia, the learned Counsel for Respondent No.2

CET Cell, has vehemently opposed the Petition and referred to the Affidavit-

in-Reply filed on behalf of Respondent No.2 dated 25 th August 2026. She

has, in particular, referred to paragraph 5 of the said Affidavit wherein it is

stated that the name of the Petitioner did not appear in the Provisional

Merit List published on 22 nd July 2026 by the CET Cell on its official portal.

Therefore, the name of the Petitioner also did not appear in the Final Merit

List published on 27th July 2026 by the CET Cell. She has further referred

to paragraph 6 of the said Affidavit wherein it is stated that inclusion of the

candidate’s name in the final CAP merit list is an essential requirement for

participation in the CAP process. Reference has been made to Rule 9(2) at

page 72 of the Information Brochure in that context.

10.           Ms. Kapadia further submitted that the PWD Certificate relied

upon by the Petitioner was obtained after publication of the final merit list.

The subsequent obtaining of the PWD certificate cannot, by itself, have the

effect of retrospectively inserting the Petitioner’s name into the final CAP

merit list or reviving the CAP registration process, which the Petitioner had

failed to complete within the prescribed period. She submitted that the

registration for Non-CAP admissions is presently available up to 15 th

September 2026, and the Petitioner is entitled to participate in the

applicable Non-CAP / Institutional level / ACAP admission process subject

 Mamta Kale                                                                  4/7
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to the prescribed eligibility requirements, availability of seats and other

applicable conditions. Having considered the submissions, we find much

merit in the submissions of Ms. Dhruti Kapadia, the learned Counsel for

Respondent No.2 State CET Cell.

11.             The admitted fact is that the Petitioner had obtained the PwD

Certificate after publication of the final merit list. The Petitioner’s name

also does not appear in the Provisional Merit List published on 22 nd July

2026 by Respondent No.2 State CET Cell on its official portal and

accordingly also did not appear in final merit list published on 27 th July

2026 by the State CET Cell.

12.             Rule 9(2) at page 72 of the Information Brochure provides as

follows:

              “Conduct of CAP Round-I - (a) The seats available for
              Round-I shall be published on the website. The candidate
              whose name is appeared in the final merit list of CAP shall
              be eligible to participate in this round by filing online
              option form.   The candidate shall fill and confirm the
              option form through candidate’s login.”



13.             According to the aforesaid Rule, a candidate whose name

appeared in the final merit list of CAP shall be entitled to participate in the

CAP Round by filing online option form. This necessarily implies that had

the Petitioner’s name not appeared in the final merit list of CAP, he would


 Mamta Kale                                                                   5/7
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not have been entitled to participate in the CAP Rounds by filing the online

option form.

14.            The subsequent obtaining of the PWD certificate by the

Petitioner cannot have the effect of retrospective insertion of Petitioner’s

name in the final merit list reviving the CAP registration process. It appears

from the facts on record that the Petitioner’s obtaining of the Disability PwD

Certificate was an after thought, considering that the Petitioner’s name had

failed to appear in the final merit list.

15.            Although the Hon’ble Supreme Court has held that a candidate

suffering from a disability or falling within the PwD category is entitled to

reasonable accommodation, it cannot be extended to the Petitioner where,

due to the Petitioner’s own default in obtaining the Disability Certificate

prior to the publication of the final merit list in CAP Round is required to be

accommodated. Such reasonable accommodation is not contemplated by

the Supreme Court in its decisions. In the event that this Court were

inclined to accommodate the Petitioner, being a person with disability

(PwD), and allow the Petitioner to participate in the CAP Round at such a

belated stage, despite his name not appearing in the final merit list, it

would result in depriving meritorious candidates who have duly followed

the schedule prescribed by Respondent No.2 CET Cell, have had their

names published in the final merit list and also fall within the PwD

category.

 Mamta Kale                                                                 6/7
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16.           The Petitioner is however entitled to participate in the

institutional level round. Thus, the Petitioner would not suffer prejudice as

he would be in a position to participate in the institutional level round and

his candidature may be considered for such seats, subject to the availability

of seats in the said course.

17.           In that view of the matter, we find no merit in the present

Petition. The Writ Petition is accordingly dismissed with no order as to

costs.



      [FIRDOSH P. POONIWALLA, J.]                         [R.I. CHAGLA, J.]




 Mamta Kale                                                                7/7


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