sr.904-wp-12845-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12845 OF 2026 Ayush Ramchandra Sangale .. Petitioner Versus State of Maharashtra & Ors. .. Respondents Adv. Kunal Bhanage i/b Adv. Shashank Shubham for the Petitioner. Adv. Smita Thakur a/w Adv. S. Kumar for Respondent Nos. 4 & 5. Adv. Rui A. Rodrigues for Respondent No. 6 NTA. Dr. Dhruti Kapadia a/w Adv. Kavita Dhanuka for State CET Cell. Ms. Kavita N. Solunke, Addl. GP a/w Ms. Vaishali S. Nimbalkar, AGP for State. CORAM: R.I. CHAGLA & FIRDOSH P. POONIWALLA, JJ. DATE: SEPTEMBER 30, 2026 P. C. 1. Mr. Kunal Bhanage, appearing for the Petitioner, has sought permission to amend the cause title of the Petition by joining the National Testing Agency (NTA) as party Respondent No. 6. 2. Permission is granted. 3. Mr. Bhanage has tendered an Additional Affidavit of the Petitioner dated 26th September, 2026 which is taken on record. The SEPTEMBER 30, 2026 Mansi shelke MANSI DHANANJAY SHELKE Digitally signed by MANSI DHANANJAY SHELKE Date: 2026.10.01 11:07:14 +0530 sr.904-wp-12845-2026.doc Additional Affidavit of the Petitioner has annexed at Exhibit- X3 eligibility certificate dated 24th September, 2026 which shows the Petitioner to be eligible for PwD reservation. Further, the Additional Affidavit also annexes the amended application form of the Petitioner issued by the MCC which shows the sub category list pertaining to the Petitioner as person with disability. 4. The Petitioner shall carry out the amendment in the cause title of the Petition today. Reverification is dispensed with. Mr. Rui Rodrigues, learned counsel, who is present in Court, states that he will accept service for the newly joined Respondent No.6 (NTA). The statement is accepted. 5. In the present Petition, the Petitioner has sought directions to the 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 24th September 2026 which certifies that the Petitioner belongs to Persons with Disability (PwD) quota. The Eligibility Certificate is annexed as Exhibit X-3 to the Additional Affidavit of the Petitioner. Page 2 of 5 SEPTEMBER 30, 2026 Mansi shelke sr.904-wp-12845-2026.doc 6. 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. 7. 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 – 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 23rd 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 SEPTEMBER 30, 2026 Mansi shelke sr.904-wp-12845-2026.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 upon the Petitioner having 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 events 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 23rd September, 2026. 11. We are of the view that, in the event the seats are available under the PWD-OBC 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 SEPTEMBER 30, 2026 Mansi shelke sr.904-wp-12845-2026.doc 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-OBC category as well as consider her eligible to participate in the under-graduate medical course for Academic Year 2026-27 from the PWD-OBC 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.] SEPTEMBER 30, 2026 Mansi shelke