910 wp 4078-26.doc 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 Patil-SR 1 of 4 2026:BHC-KOL:8095-DB 910 wp 4078-26.doc 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). Patil-SR 2 of 4 910 wp 4078-26.doc 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 Patil-SR 3 of 4 910 wp 4078-26.doc 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.] Patil-SR 4 of 4