1 12-wp-10917-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10917 OF 2026 Kush Saurabh Datar ...Petitioner Vs. The State of Maharashtra through Principal Secretary and Another ...Respondents ----------------- Mr. Parth P. Deshpande, for the Petitioner. Mr. Kedar B. Dige, Addl.G.P. a/w. Ms. Priyanka B. Chavan, AGP, for the Respondent / State. Dr. Dhruti Kapadia a/w. Ms. Kavita Dhanuka, for Respondent No.2 / CET Cell. ----------------- CORAM : R. I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATED : 28th AUGUST, 2026 P.C.:- 1. This Petition has sought for direction to Respondent Nos.1 and 2 to consider the Petitioner as a person with Benchmark Disability / PwD candidate for the purpose of admission to First Year Undergraduate Technical Courses in Engineering and Technology for the Academic Year 2026-2027, on the basis of the Disability Certificate dated 13th August 2026. 2. When the Petition was filed on 20th August 2026, the CAP Mamta Kale 1/7 MAMTA AMAR KALE Digitally signed by MAMTA AMAR KALE Date: 2026.08.31 15:54:11 +0530 2 12-wp-10917-2026.doc Round process was underway and in fact it had reached CAP Round III stage and that is the reason for the Petitioner to seek a direction to Respondent No.2 to accept and process the Petitioner’s representation dated 18th August 2026 and to consider his candidature for CAP Round III under the PwD / PwBD category. 3. The Petitioner had admittedly made an Application on 18th August 2026 by placing reliance upon a temporary certificate for education purpose which showed the Petitioner having Learning Disability (Dyslexia and Dysgraphia) not less than 40%. He had accordingly sought for permission to participate in CAP Round III, including option submission, allotment and reporting, under the PwD / PwBD category on that basis. 4. The Petitioner, at the time of making of the Application, was well aware of the fact that the CAP Rounds have already commenced and that the final merit list had also been published on 27th July 2026. Even then he chose not to apply under the PwD category prior to the final merit list. 5. The Petitioner’s Application was initially made on 2nd July 2026. The Petitioner completed the online registration and uploaded the requisite documents for admission through CAP for the said course for the Academic Year 2026–2027 during the period from 2nd July 2026 to 19th July 2026. It is an admitted fact that, at that stage, the Petitioner did not possess a Disability Certificate and, hence, the document scrutiny of the Petitioner’s Mamta Kale 2/7 3 12-wp-10917-2026.doc CAP Application which had been undertaken on 20th July 2026 in PwD / PwBD category could not be completed. The Petitioner having not been successful in CAP Rounds I and II, and not having been allotted any seat under the Open Category, as an after thought, sought to obtain the Disability Certificate under the PwD / PwBD category. 6. The Application has not been responded by Respondent No.2 State CET Cell and being aggrieved thereby the present Writ Petition has been filed. 7. Mr. Parth Deshpande, the learned Counsel for the Petitioner submitted that the Disability Certificate having been obtained on 18th August 2026, showing the disability to the extent of not less than 40%, ought to have been considered by Respondent No.2 State CET Cell, and the Petitioner ought to have been permitted to apply under the PwD / PwBD category for CAP Round III. 8. Mr. Deshpande further submitted that the Petitioner being a person with disability (PwD) had to be given reasonable accommodation as held by the Hon’ble Supreme Court in several decisions. He has submitted that, in the event the reliefs sought for are not granted, the Petitioner would not be able to participate in the CAP Round under the PwD/PwBD category and would be left with no option but to apply at the Institutional Level, where admission would be at the discretion of the concerned Institution. He has, accordingly, pressed for the reliefs sought for in the Petition to be Mamta Kale 3/7 4 12-wp-10917-2026.doc granted. 9. Ms. Dhruti Kapadia, the learned Counsel for Respondent No.2 CET Cell, has vehemently opposed the Petition and referred to the Affidavit- in-Reply filed on behalf of Respondent No.2 dated 25th August 2026. She has, in particular, referred to paragraph 5 of the said Affidavit wherein it is stated that the name of the Petitioner did not appear in the Provisional Merit List published on 22nd July 2026 by the CET Cell on its official portal. Therefore, the name of the Petitioner also did not appear in the Final Merit List published on 27th July 2026 by the CET Cell. She has further referred to paragraph 6 of the said Affidavit wherein it is stated that inclusion of the candidate’s name in the final CAP merit list is an essential requirement for participation in the CAP process. Reference has been made to Rule 9(2) at page 72 of the Information Brochure in that context. 10. Ms. Kapadia further submitted that the PWD Certificate relied upon by the Petitioner was obtained after publication of the final merit list. The subsequent obtaining of the PWD certificate cannot, by itself, have the effect of retrospectively inserting the Petitioner’s name into the final CAP merit list or reviving the CAP registration process, which the Petitioner had failed to complete within the prescribed period. She submitted that the registration for Non-CAP admissions is presently available up to 15th September 2026, and the Petitioner is entitled to participate in the applicable Non-CAP / Institutional level / ACAP admission process subject Mamta Kale 4/7 5 12-wp-10917-2026.doc to the prescribed eligibility requirements, availability of seats and other applicable conditions. Having considered the submissions, we find much merit in the submissions of Ms. Dhruti Kapadia, the learned Counsel for Respondent No.2 State CET Cell. 11. The admitted fact is that the Petitioner had obtained the PwD Certificate after publication of the final merit list. The Petitioner’s name also does not appear in the Provisional Merit List published on 22nd July 2026 by Respondent No.2 State CET Cell on its official portal and accordingly also did not appear in final merit list published on 27th July 2026 by the State CET Cell. 12. Rule 9(2) at page 72 of the Information Brochure provides as follows: “Conduct of CAP Round-I - (a) The seats available for Round-I shall be published on the website. The candidate whose name is appeared in the final merit list of CAP shall be eligible to participate in this round by filing online option form. The candidate shall fill and confirm the option form through candidate’s login.” 13. According to the aforesaid Rule, a candidate whose name appeared in the final merit list of CAP shall be entitled to participate in the CAP Round by filing online option form. This necessarily implies that had the Petitioner’s name not appeared in the final merit list of CAP, he would Mamta Kale 5/7 6 12-wp-10917-2026.doc not have been entitled to participate in the CAP Rounds by filing the online option form. 14. The subsequent obtaining of the PWD certificate by the Petitioner cannot have the effect of retrospective insertion of Petitioner’s name in the final merit list reviving the CAP registration process. It appears from the facts on record that the Petitioner’s obtaining of the Disability PwD Certificate was an after thought, considering that the Petitioner’s name had failed to appear in the final merit list. 15. Although the Hon’ble Supreme Court has held that a candidate suffering from a disability or falling within the PwD category is entitled to reasonable accommodation, it cannot be extended to the Petitioner where, due to the Petitioner’s own default in obtaining the Disability Certificate prior to the publication of the final merit list in CAP Round is required to be accommodated. Such reasonable accommodation is not contemplated by the Supreme Court in its decisions. In the event that this Court were inclined to accommodate the Petitioner, being a person with disability (PwD), and allow the Petitioner to participate in the CAP Round at such a belated stage, despite his name not appearing in the final merit list, it would result in depriving meritorious candidates who have duly followed the schedule prescribed by Respondent No.2 CET Cell, have had their names published in the final merit list and also fall within the PwD category. Mamta Kale 6/7 7 12-wp-10917-2026.doc 16. The Petitioner is however entitled to participate in the institutional level round. Thus, the Petitioner would not suffer prejudice as he would be in a position to participate in the institutional level round and his candidature may be considered for such seats, subject to the availability of seats in the said course. 17. In that view of the matter, we find no merit in the present Petition. The Writ Petition is accordingly dismissed with no order as to costs. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA, J.] Mamta Kale 7/7