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Bombay High Court

DHRUVI KEKIN GALAversusSTATE OF MAHARASHTRA THRU KDEPT. AND ORS

Decided
Disposal
Disposed Off

Holding

A petitioner who has a valid PwD eligibility certificate and whose application has been corrected by the MCC must be allowed to participate in CAP rounds under the PwD category when seats become available.

Summary

The petitioner, Dhruvi Kekin Gala, obtained a Persons with Disability (PwD) eligibility certificate on 22 September 2026 and sought a direction to the State CET Cell to allow her participation in the undergraduate medical course for the 2026-27 academic year under the PwD quota. The Medical Council Committee corrected her application to reflect her PwD status. The respondents argued that the petitioner was aware of the CAP round schedule and that no seats were guaranteed. Relying on earlier decisions in Kushi Budhwani v. Union of India and Aachal Sachin Dhakre v. State of Maharashtra, the Court held that, where seats become available from CAP Round 3 onwards, it would be unfair to deny the petitioner participation. Consequently, the Court directed the CET Cell to permit the petitioner to compete in CAP Round 3 and subsequent rounds under the PwD category and to consider her eligible for admission. The order was limited to the facts of this case and the petition was disposed without costs.

Issues considered

  • Whether a petitioner who has obtained a PwD eligibility certificate is entitled to participate in CAP rounds for medical admission under the PwD quota.
  • Whether the State CET Cell can be directed to allow such participation in the absence of a specific seat allocation at the time of the petition.
  • Whether prior judgments (Kushi Budhwani and Aachal Sachin Dhakre) are applicable to the present facts.

Subjects

  • Persons with Disability
  • CAP rounds
  • Medical admission
  • Quota reservation
  • Eligibility certificate
  • Equal opportunity
  • Reservation law

Judgment

                                                                              sr.903-wp-12843-2026.doc



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANSI
DHANANJAY                                    CIVIL APPELLATE JURISDICTION
SHELKE
Digitally signed by
MANSI DHANANJAY
SHELKE
Date: 2026.09.30
18:32:03 +0530                              WRIT PETITION NO. 12843 OF 2026

                      Dhruvi Kekin Gala                                  .. Petitioner

                              Versus

                      State of Maharashtra & Ors.                        .. Respondents

                           Adv. Kunal Bhanage i/b Adv. Shashank Shubham for the Petitioner.

                           Adv. Dhruti Kapadia a/w Adv. Kavita Dhanuka for Respondent No.5-
                           CET Cell.

                           Adv. Rui Rodrigues for Respondent No.4.

                           Ms. Kavita N. Solunke, Addl. GP and Ms. Vaishali S. Nimbalkar, AGP
                           for State.

                                                 CORAM:      R.I. CHAGLA &
                                                             FIRDOSH P. POONIWALLA, JJ.
                                                 DATE:       SEPTEMBER 30, 2026

                      P. C.

                      1.             In the present Petition, the Petitioner has sought directions to

                      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) quota. An Eligibility Certificate has been

                      obtained by the Petitioner on 22nd September 2026 which certifies that the

                      Petitioner belongs to Persons with Disability (PwD).               The Eligibility
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Certificate is annexed as Exhibit ‘H’ to the Petition.



2.             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.



3.             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.



4.             Dr. Dhruti Kapadia, learned counsel appearing for Respondent

No.3 State UCG Cell, has opposed the relief sought for in the Petition on the

ground that the Petitioner was well aware of the schedule of CAP Rounds.

She submitted that in the case of Kushi Budhwani (supra) the CAP Round 1

had yet to commence, and at that stage the Court had passed the Order

allowing the Petitioner to take part in CAP Rounds under PWD Open

Category, provided seats under the said category were available.

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5.             We have considered the submissions. This Court, in Aachal

Sachin Dhakre Vs. The State of Maharashtra through its Department of

Medical Education and Drugs, Mantralaya and Ors. in Writ Petition No.

12586 of 2026, Order dated 23 rd September, 2026, had considered a case

similar to the present case where the Petitioner was seeking a direction to the

State CET Cell to allow the Petitioner to participate in CAP Round 3 onwards

under PwD OBC Category and allow her to avail benefits under the said

categories. This is in view of the eligibility certificate having been obtained by

the Petitioner on 6th September, 2026 which certified that the Petitioner

belonged to the said category. Further, the MCC had carried out the requisite

correction in the application form of the Petitioner by reflecting that the

Petitioner is a person with disability and belonged to the OBC category.



6.             In the present case, the MCC has also carried out the requisite

correction in the application form of the Petitioner by reflecting that the

Petitioner is a Person with Disability upon the Petitioner having obtained the

requisite eligibility certificate certifying that she belongs to the Person with

Disability category.




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7.             Although, in that case, a statement had been made on behalf of

the State CET Cell that, in the events seats are available from CAP Round 3

onwards, the State CET Cell has no objection to the Petitioner participating

under OBC category in subsequent CAP Rounds, in the present case, such a

statement is not made. However, we consider it appropriate to follow our

Order dated 23rd September, 2026.



8.             We are of the view that, in the event the seats are available

under the PWD category in subsequent CAP Rounds, viz., CAP Round 3

onwards, it would be unfairly prejudicial to the Petitioner, who has obtained

the eligibility certificate and for whom the requisite correction has been

carried out by MCC in the application form by reflecting that the Petitioner is

a Person with Disability, to disentitle the Petitioner from participation under

that category.



9.             Accordingly, we allow the Petition by directing the Respondent

No.3 State CET Cell to permit the Petitioner to participate in CAP Round 3

onwards under the PwD category as well as consider her eligible to

participate in the under-graduate medical course for Academic Year 2026-27

from the PWD category.



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10.            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.



11.            Writ Petition is accordingly disposed of in the aforesaid terms.

There shall be no order as to costs.



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




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