Bombay High Court
AACHAL SACHIN DHAKREversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the CET Cell to permit the petitioner to participate in CAP Round III onwards under the PwD‑OBC category, noting the order is specific to the facts and not a precedent.
Summary
The petitioner, Aachal Sachin Dhakre, a person with disability (PwD) belonging to the OBC category, sought a direction for participation in the Undergraduate Medical Course CAP rounds for the academic year 2026-27. An eligibility certificate confirming his PwD status was obtained and the Medical Council Committee corrected his application accordingly. The CET Cell indicated it would have no objection to his participation if seats became available from CAP Round III onward, provided the decision was specific to his case. The High Court, noting the precedent of Kushi Budhwani v. Union of India, directed the CET Cell to allow the petitioner to participate from CAP Round III under the PwD‑OBC category, emphasizing that the order is not to be treated as a precedent. The petition was disposed with the relief granted and no order as to costs.
Issues considered
- Whether a PwD‑OBC candidate who has obtained an eligibility certificate is entitled to be allowed to participate in CAP rounds for medical admission when seats become available.
- Whether the court can issue a specific direction to the CET Cell without creating a binding precedent.
Subjects
- Persons with Disability
- OBC
- CAP rounds
- Medical admission
- Reservation
- Writ petition
- Eligibility certificate
- Higher education
Judgment
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2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12586 OF 2026
Aachal Sachin Dhakre ...Petitioner
Vs.
The State of Maharashtra through
its Department of Medical Education
and Drugs, Mantralaya and Others ...Respondents
-----------------
Mr. Kunal Bhanage i/b. Mr. Shashank Shubham, for the Petitioner.
Dr. Dhruti Kapadia a/w. Ms. Kavita Dhanuka, for Respondent No.3 / CET
Cell.
Digitally
signed by
MAMTA
MAMTA AMAR
Smt. Vaishali S. Nimbalkar, AGP, for the Respondent / State.
AMAR KALE
KALE Date:
2026.09.24
16:01:20
+0530
Mr. Rui Rodrigues a/w. Mr. Jainendra Sheth, for Respondent No.4.
-----------------
CORAM : R. I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATED : 23rd SEPTEMBER, 2026
P.C.:-
1. Mr. Rui Rodrigues, the learned Counsel appears for National
Testing Agency (NTA), which has been joined as party Respondent No.4
pursuant to Order dated 22nd September 2026 by amendment carried out by
the Petitioner.
2. In the present Petition, the Petitioner has sought direction to
Mamta Kale 1/3
2 908-wp-12586-
2026.doc
Respondent No.3 CET Cell to permit the Petitioner to participate in the
Undergraduate Medical Course for the Academic Year 2026-27 from the
Persons with Disability (PwD) - Other Backward Classes (OBC) Category. An
Eligibility Certificate has been obtained by the Petitioner on 6 th September
2026 which certifies that the Petitioner belongs to Persons with Disability
(PwD). The Eligibility Certificate is annexed as Exhibit ‘I’ to the Petition.
3. Pursuant to the Eligibility Certificate having been obtained by
the Petitioner, the Medical Council Committee (MCC), DGHS, Ministry of
Health and Family Welfare, Government of India, has carried out the
requisite correction in the application form of the Petitioner by reflecting
that the Petitioner is a Person with Disability and OBC Category.
4. In a similar case as the present viz., Kushi Budhwani Vs. Union
of India and Others, Writ Petition (L) No.27204 of 2026, this Court had
considered relief similar to that sought for by the Petitioner to take part in
the CAP Rounds under PwD – Open Category, provided seats under the said
Category were available.
5. The learned Counsel who appeared for CET Cell made a
statement, on instructions, that, in the event seats become available from,
in that case, CAP Round II onwards, the CET Cell has no objection to the
Petitioner participating in the PwD Open Category in subsequent CAP
Rounds.
6. The learned Counsel for Respondent No.3 CET Cell in the
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present Petition makes a similar statement, on instructions, that, in the
event seats are available from CAP Round III onwards, Respondent No.3
CET Cell has no objection to the present Petitioner participating under PwD
OBC Category in subsequent CAP Rounds. She also makes it clear that the
statement made is in the peculiar facts and circumstances of the Petitioner’s
case and is not to be treated as a precedent. She further states that the
allotment of seats would be determined on merits. The statement is
accepted.
7. In view of the above statement, we allow the Petition by
directing Respondent No.3 CET Cell to allow the Petitioner to participate in
CAP Round III onwards under PwD -OBC Category and allow her to avail
the benefits granted in the said Category. It is made clear that this Order is
passed in the peculiar facts and circumstances of the present case and shall
not be treated as a precedent.
8. The Writ Petition is accordingly disposed of in the aforesaid
terms with no order as to costs.
[FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA, J.]
Mamta Kale 3/3
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