Created by Fuzzy Cloud

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




                                                         1/5
                                                       904-WP 13402.2026.doc

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

                                    2/5
                                                   904-WP 13402.2026.doc

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



                                 3/5
                                                    904-WP 13402.2026.doc

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

                                  4/5
                                                   904-WP 13402.2026.doc

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. ]

                                  5/5


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.