SHOURYA RANJEET NALAWADE RANEversusTHE STATE OF MAHARASHTRA THR. PRINCIPAL SECRETARY HIGHER AND TECHNICAL EDUCATION DEPT. AND ORS.

2026:BHC-KOL:8095-DB

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
                                        CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 4078 OF 2026

               Shourya Ranjit Nalawade Rane.                             ...Petitioner.
                       Versus
               The State of Maharashtra and Others.                      ...Respondents.
                                           ——————
               Mr. Shashank C. Mangale and Amit A. Mahadeshwar for the Petitioner.
               Mr. Siddheshwar B. Kalel, AGP for the Respondent-State.
               Mr. Nagesh Chavan for the Respondent No. 2.
                                                 ——————
                                                   Coram :    Sharmila U. Deshmukh &
                                                              Neeraj P. Dhote, JJ.
                                                   Date     : August 27, 2026.
               P. C. :

               1.         By the present petition, the Petitioner sought a direction to the

               Respondent No.1, 2 and 3 to give effect to the Petitioner’s corrected

               PwD particulars in the merit list and to consider the Petitioner’s claim

               and permit him to participate in DSE Cap Rounds on that basis.

               2.         Learned Counsel appearing for the Petitioner submits that the

               Petitioner possesses Unique Disability Identity card recording the

               specific learning disabilities with the benchmark disabilities. He submits

               that the Petitioner is diagnosed with Dyxlexia with Dysgraphia and the

               certificate is valid upto 9th February 2028.          He submits that the

               Petitioner registered himself for the direct second year admission to

               engineering / technology courses for the academic year 2026-27 on the



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portal of Respondent No. 1 and 2. He submits that while initially filling

the DSE online application, PwD details were inadvertently not entered

by the Petitioner which was thereafter corrected during the prescribed

period and despite thereof, the Respondent’s portal does not include

Petitioner’s PwD particulars and resultantly does not consider it in the

final merit list under the PwD category.

3.         Mr. Chavan, learned Counsel appearing for the Respondent No.2

would submit that there is a separate merit list of PwD candidates and

Cap Rounds 1 and 2 are already over. He submits that the certificate

which is uploaded by the Petitioner uses the expression “temporary” in

respect of his disability and by virtue thereof, PwD particulars though

entered were not considered. He submits that the merit list cannot be

permitted to be disturbed now at the instance of Petitioner, whose

disability certificate certifies the said disability to be a temporary

disability.

4.         We have perused the record and considered the submissions.

5.         The Disability Certificate of 9th February 2023 certifies the

Petitioner’s disability as under :

                 “(1) He is a case of specific learning disabilities.
                 (2)    The diagnosis in his case is dyxlexia with dysgraphia.
                 (3)    He has > 40% (in figure) Greater Than Forty percent(in words)
                 Temporary Disability in relation to his Brain as per the guidelines
                 (Guidelines for the purpose of assessing the extent of specified
                 disability in a person included under RPwD Act, 2016 notified by
                 Government of India vide S.O. 76(E) dated 04/01/2018).




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                 This certificate recommended for 5 year(s), and therefore this
                 certificate shall be valid till 09/02/2028.”



6.         The disability certificate certifies the Petitioner as having specific

learning disabilities and diagnosis is dyxlexia with dysgraphia. The use

of the expression “temporary” is only for the reason that periodic

examination is required to be carried out. This Court can take judicial

note of the fact that dyxlexia with dysgraphia is a specific learning

disability and cannot be termed as a temporary disability and at the

highest is prone to improvement. At this stage, when the application

was made for CAP round registration, the disability was having the

benchmark disability, and considering the diagnosis of Petitioner,

according to us, the disability was required to be considered.

7.         There is no dispute about the fact that the Petitioner had

subsequently corrected his form and included the disability particulars

within the prescribed time. The only reason as to why the Petitioner’s

form under disability category was not considered is by use of the

expression “temporary” in his disability certificate. As we have already

held that the specific learning disabilities - dyxlexia with dysgraphia

cannot be said to be a temporary disability and is only required to be

examined periodically, the Petitioner is entitled to be considered in PwD

category. As it is informed to us that CAP Rounds 1, 2 and 3 are already

over, Respondent No.2 is directed to add the name of the Petitioner to


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the list of PwD candidates for CAP Round 4. As the merit list of other

candidates has already been published, without disturbing their merit

list, the Petitioner be considered under the PwD category below the

already merit listed candidates.

8.         The petition is allowed in above terms.

9.         All concerned to act on a copy of this order duly authenticated by

the Registry of this Court.

10.        Considering the specific learning disability of the Petitioner, this

Court has directed the Respondent no.2 to consider the Petitioner

under PwD category and therefore the present order not to be treated

as a precedent.



 [Neeraj P. Dhote, J.]                          [Sharmila U. Deshmukh, J.]




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