Bombay High Court
MANVATA BIPIN SINGH THROU. POOJA BIPIN SINGHversusSTATE OF MAHARASHTRA THROU. ITS DEPT OF MEDICAL EDUCATION AND DRUGS AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petitioner must be allowed to participate in CAP Round 3 onwards under the PwD category for admission to the undergraduate medical course.
Summary
The petitioner, a person with disability (PwD), sought a direction from the State CET Cell to allow her participation in the CAP Round 3 onwards for admission to the undergraduate medical course for the academic year 2026-27 under the PwD quota. The Medical Council Committee had corrected her application to reflect her PwD status and she obtained an eligibility certificate on 24 September 2026. Respondent No.3 opposed the relief, arguing that the petitioner was aware of the CAP schedule and that no prior statement of seat availability existed. The Court, relying on earlier decisions (Kushi Budhwani, Aachal Sachin Dhakre, and Dhruvi Kekin Gala) that permitted similar relief when eligibility was established, held that denying the petitioner would be unfairly prejudicial. Consequently, the Court directed the State CET Cell to permit the petitioner to participate in CAP Round 3 onwards under the PwD category and to consider her eligible for the medical course, noting that the order is specific to the facts of this case.
Issues considered
- Whether a petitioner who has obtained a PwD eligibility certificate and whose application has been corrected by the MCC is entitled to participate in CAP Round 3 onwards under the PwD quota.
- Whether the State CET Cell can lawfully deny participation despite the petitioner’s established eligibility and prior case law.
- Whether the Court should follow earlier judgments granting similar relief in analogous circumstances.
Subjects
- Persons with Disability
- CAP Rounds
- Medical admission
- Eligibility certificate
- Quota
- State CET Cell
- Unfair prejudice
- Direction
Judgment
904-WP 13402.2026.doc
Kavita S.J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.13402 OF 2026
Manyata Bipin Singh ...Petitioner
Versus
State of Maharashtra & Ors., ...Respondents
----------
Mr. Kunal Bhanage i/b Mr. Shashank Shubham for Petitioner.
Smt. Kavita Solunke, Addl. GP a/w Shri Abhijit K. Naik, AGP for
Respondent No.1 – State.
Dr. Dhruti Kapadia for Respondent No.3 – State CET Cell.
Mr. Rui Rodrigues a/w Mr. Jainendra Sheth for Respondent No.4 –
NTA.
----------
CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 9th OCTOBER, 2026.
ORDER:
1. At the outset, Mr. Bhanage, learned Counsel for the
Petitioner seeks leave to amend the Petition by placing on record the
correct copy of Exhibit-F and to correct the name of the Petitioner in
the cause title of the synopsis at Page No.A.
KAVITA
SUSHIL
JADHAV
Digitally signed
by KAVITA
SUSHIL JADHAV
Date: 2026.10.09
2. Leave, as sought for, is granted.
16:53:04 +0530
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3. The amendment shall be carried out in the course of
today. Re-verification is dispensed with.
4. 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.
5. 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, subject to the
Petitioner’s visit at a designated disability centre of MCC to obtain her
PwD Certificate. Thereafter 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). The
Eligibility Certificate is annexed as Exhibit ‘H’ to the Petition.
6. 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
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Category, provided seats under the said Category were available.
7. Dr. Dhruti Kapadia, learned counsel appearing for
Respondent No.3 - State CET 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.
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 and the
Petitioner has 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 event 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 23 rd September,
2026 as we have done in Dhruvi Kekin Gala Vs. State of Maharashtra
& Ors., Writ Petition No.12843 of 2026, Order dated 30 th September,
2026.
11. We are of the view that, in the event the seats are
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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.
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 category as well
as consider her eligible to participate in the under-graduate medical
course for Academic Year 2026-27 from the PWD 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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