1 908-wp-12586- 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12586 OF 2026 Aachal Sachin Dhakre ...Petitioner Vs. The State of Maharashtra through its Department of Medical Education and Drugs, Mantralaya and Others ...Respondents ----------------- Mr. Kunal Bhanage i/b. Mr. Shashank Shubham, for the Petitioner. Dr. Dhruti Kapadia a/w. Ms. Kavita Dhanuka, for Respondent No.3 / CET Cell. Smt. Vaishali S. Nimbalkar, AGP, for the Respondent / State. Mr. Rui Rodrigues a/w. Mr. Jainendra Sheth, for Respondent No.4. ----------------- CORAM : R. I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATED : 23rd SEPTEMBER, 2026 P.C.:- 1. Mr. Rui Rodrigues, the learned Counsel appears for National Testing Agency (NTA), which has been joined as party Respondent No.4 pursuant to Order dated 22nd September 2026 by amendment carried out by the Petitioner. 2. In the present Petition, the Petitioner has sought direction to Mamta Kale 1/3 MAMTA AMAR KALE Digitally signed by MAMTA AMAR KALE Date: 2026.09.24 16:01:20 +0530 2 908-wp-12586- 2026.doc 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 6th September 2026 which certifies that the Petitioner belongs to Persons with Disability (PwD). The Eligibility Certificate is annexed as Exhibit ‘I’ to the Petition. 3. 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. 4. 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 Category, provided seats under the said Category were available. 5. The learned Counsel who appeared for CET Cell made a statement, on instructions, that, in the event seats become available from, in that case, CAP Round II onwards, the CET Cell has no objection to the Petitioner participating in the PwD Open Category in subsequent CAP Rounds. 6. The learned Counsel for Respondent No.3 CET Cell in the Mamta Kale 2/3 3 908-wp-12586- 2026.doc present Petition makes a similar statement, on instructions, that, in the event seats are available from CAP Round III onwards, Respondent No.3 CET Cell has no objection to the present Petitioner participating under PwD OBC Category in subsequent CAP Rounds. She also makes it clear that the statement made is in the peculiar facts and circumstances of the Petitioner’s case and is not to be treated as a precedent. She further states that the allotment of seats would be determined on merits. The statement is accepted. 7. In view of the above statement, we allow the Petition by directing Respondent No.3 CET Cell to allow the Petitioner to participate in CAP Round III onwards under PwD -OBC Category and allow her to avail the benefits granted in the said Category. 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. 8. The Writ Petition is accordingly disposed of in the aforesaid terms with no order as to costs. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA, J.] Mamta Kale 3/3