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Bombay High Court

JAY SHRI SIDDHIVINAYAK FOUNDATIONSversusUNION OF INDIA THR MINISTRY OF HEALTH AND FAMILY WELFARE AND ORS

Decided
Disposal
Disposed Off

Holding

The State CET Cell must include the petitioner college in the seat matrix in accordance with the State’s decision to continue its conditional affiliation.

Summary

The Jay Shri Siddhivinayak Foundation’s B. R. Harne College of Physiotherapy filed a writ petition seeking urgent relief to be included in the seat matrix for the CAP (Central Admission Process) rounds for the 2026‑2027 academic year. The petition alleged that the college was omitted from the seat matrix issued by the State CET Cell under a circular dated 23 September 2026. The respondents, including the Union of India and the State, produced a letter dated 6 October 2026 indicating that the State had decided to continue the college’s conditional affiliation with its previously sanctioned intake capacity. The Court held that the State CET Cell must act in conformity with this decision and include the college in the seat matrix so that it can participate in the ongoing CAP rounds. Accordingly, the petition was disposed in favour of the petitioner, with no order as to costs.

Issues considered

  • Whether the petitioner college should be included in the seat matrix issued by the State CET Cell for the CAP rounds of 2026‑2027.
  • Whether the decision of the State to continue conditional affiliation obliges the CET Cell to modify the seat matrix accordingly.

Subjects

  • seat matrix
  • CAP rounds
  • conditional affiliation
  • health education
  • writ petition
  • urgency

Judgment

                                                                 1                     907-wp-13345-
                                                                                            2026.doc

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO. 13345 OF 2026

                   Jay Shri Siddhivinayak Foundation’s
                   B. R. Harne College of Physiotherapy
                   through its President                                       ...Petitioner
                            Vs.
                   Union of India through Ministry of Health
                   and Family Welfare and Others                                ...Respondents

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

                   Mr. Mahindra Deshmukh, for the Petitioner.
                   Mr. R. V. Govilkar, Senior Advocate a/w. Ms. Leena Patil, for Respondent
                   No.1 / UoI.
                   Mr. B. V. Samant, Addl.G.P. a/w. Ms. Reena A. Salunkhe, AGP, for the
                   Respondent / State.
      Digitally
      signed by
      MAMTA
MAMTA AMAR
AMAR KALE
                                                    -----------------
KALE  Date:
      2026.10.09
      12:37:28
      +0530




                                                   CORAM :           R. I. CHAGLA AND
                                                                     FIRDOSH P. POONIWALLA, JJ.

                                                   DATED        : 7th OCTOBER, 2026

                   P.C.:-

                   1.             This Writ Petition has been moved on the ground of urgency in

                   view of the CAP Rounds having commenced. The Petitioner - College has

                   not been included in the seat matrix issued by Respondent No. 6 - State

                   CET Cell pursuant to the impugned circular dated September 23, 2026.

                   2.             Mr. Shetye, learned Counsel appearing for Respondent No. 1 -

                    Mamta Kale                                                                   1/2
                                           2                      907-wp-13345-
                                                                       2026.doc

Maharashtra University of Health Sciences (MUHS) states that a

letter/instruction had been received yesterday from Respondent No.3 -

State, wherein a decision is taken to grant continuation of conditional

affiliation for the intake capacity already sanctioned for the Academic Year

2026–2027 as per the previously sanctioned intake capacity.

3.            A copy of the letter bearing yesterday's date viz. 6 th October

2026 is tendered and taken on record and marked 'X' for identification.

4.            In view of the decision taken by Respondent No.3 - State, we

direct Respondent No. 6 - State CET Cell to act in conformity with the

decision and include the Petitioner - College in the seat matrix, so as to

enable the Petitioner - College to participate in the ongoing CAP Rounds for

the Academic Year 2026–2027.

5.            The Writ Petition is accordingly disposed of in these terms.

There shall be no orders as to costs.

6.            The parties to act upon the authenticated copy of this order.



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




 Mamta Kale                                                                   2/2


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