Bombay High Court
AYUSH RAMCHANDRA SANGALEversusTHE STATE OF MAHARASHTRA THR. ITS DEPARTMENT OF MEDICAL EDUCATION AND DRUGS AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that, upon receipt of a valid PwD‑OBC eligibility certificate and the MCC's correction of the application, the State CET Cell must allow the petitioner to participate in CAP Round 3 onwards under the PwD‑OBC category.
Summary
Ayush Ramchandra Sangale filed a writ petition seeking permission to join the National Testing Agency as a respondent and to be allowed to participate in the Undergraduate Medical Course for 2026-27 under the Persons with Disability (PwD) – Other Backward Classes (OBC) category. The petitioner produced an eligibility certificate dated 24 September 2026 confirming PwD‑OBC status, and the Medical Council Committee corrected the application form accordingly. The Court noted prior decisions (Kushi Budhwani v. Union of India and Aachal Sachin Dhakre v. State of Maharashtra) granting similar relief where seats were available. It held that denying the petitioner participation in CAP Round 3 onwards would be unfairly prejudicial. Accordingly, the Court directed the State CET Cell to permit the petitioner to compete in CAP Round 3 onwards and to consider her eligible for admission under the PwD‑OBC quota, emphasizing that the order is limited to the facts of this case.
Issues considered
- Whether the petitioner, having obtained a valid PwD‑OBC eligibility certificate, is entitled to participate in CAP rounds for admission to the undergraduate medical course.
- Whether the State CET Cell must allow the petitioner to compete under the PwD‑OBC category in the absence of a specific statement from the Cell.
Subjects
- PwD reservation
- OBC category
- CAP rounds
- Eligibility certificate
- Medical admission
- Writ petition
- State CET Cell
Judgment
sr.904-wp-12845-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANSI
DHANANJAY CIVIL APPELLATE JURISDICTION
SHELKE
Digitally signed by
WRIT PETITION NO. 12845 OF 2026
MANSI DHANANJAY
SHELKE
Date: 2026.10.01
11:07:14 +0530
Ayush Ramchandra Sangale .. Petitioner
Versus
State of Maharashtra & Ors. .. Respondents
Adv. Kunal Bhanage i/b Adv. Shashank Shubham for the Petitioner.
Adv. Smita Thakur a/w Adv. S. Kumar for Respondent Nos. 4 & 5.
Adv. Rui A. Rodrigues for Respondent No. 6 NTA.
Dr. Dhruti Kapadia a/w Adv. Kavita Dhanuka for State CET Cell.
Ms. Kavita N. Solunke, Addl. GP a/w Ms. Vaishali S. Nimbalkar, AGP
for State.
CORAM: R.I. CHAGLA &
FIRDOSH P. POONIWALLA, JJ.
DATE: SEPTEMBER 30, 2026
P. C.
1. Mr. Kunal Bhanage, appearing for the Petitioner, has sought
permission to amend the cause title of the Petition by joining the National
Testing Agency (NTA) as party Respondent No. 6.
2. Permission is granted.
3. Mr. Bhanage has tendered an Additional Affidavit of the
Petitioner dated 26th September, 2026 which is taken on record. The
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Additional Affidavit of the Petitioner has annexed at Exhibit- X3 eligibility
certificate dated 24th September, 2026 which shows the Petitioner to be
eligible for PwD reservation. Further, the Additional Affidavit also annexes
the amended application form of the Petitioner issued by the MCC which
shows the sub category list pertaining to the Petitioner as person with
disability.
4. The Petitioner shall carry out the amendment in the cause title of
the Petition today. Reverification is dispensed with. Mr. Rui Rodrigues,
learned counsel, who is present in Court, states that he will accept service for
the newly joined Respondent No.6 (NTA). The statement is accepted.
5. In the present Petition, the Petitioner has sought directions to
the 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 24 th September
2026 which certifies that the Petitioner belongs to Persons with Disability
(PwD) quota. The Eligibility Certificate is annexed as Exhibit X-3 to the
Additional Affidavit of the Petitioner.
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6. 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.
7. 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 – Category, provided seats under the said
Category were available.
8. 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
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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.
9. 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.
10. 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.
11. We are of the view that, in the event the seats are available
under the PWD-OBC 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
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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.
12. 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-OBC category as well as consider her eligible to
participate in the under-graduate medical course for Academic Year 2026-27
from the PWD-OBC category.
13. 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.
14. 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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