Tasmiya Imrankhan Pathan v. State Of Maharashtra Thr Its Department Of Medical Education And Drugs And ANR
TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.12.17 18:46:59 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15415 OF 2025 Tasmiya Imrankhan Pathan ... Petitioner versus State of Maharashtra & Anr.
... Respondents ...
Ms.Pooja Thorat with Mr.Amar Bodake and Ms.Isha Patil for the Petitioner.
Mr. A.I. Patel, Addl. GP with Mr.V.G.Badgujar, AGP for the Respondent - State.
Mr.Sameer Khedekar for Respondent No.2 - CET Cell. ...
CORAM :
RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : DECEMBER 17, 2025 P.C:
1.
This matter is at Serial No. 99 on today's cause list. 2.
The file in the Writ Department was not traceable. We summoned the learned Registrar (Judicial-I) to immediately make an inquiry with the Writ Section as to why the file was not traceable. By that time, the file reached the Court.
3.
This matter was called out at 4:15 p.m.
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4.
The learned Advocate for the Petitioner has narrated the peculiar situation involving the Petitioner in the admission process for the graduation course in Physiotherapy. While entering the application form for seeking admission to the College of Physiotherapy, the Petitioner committed an error in writing the code number of the College that she desired to opt for. She belongs to the minority section (Mohammedan religion) and her father earns a meager amount by working at a petrol pump operating a tyre air pressure machine. She had taken the assistance from a cyber café, being ignorant of the operational skills, and filled in the form. She desired admission to a college with Code No. 6104, which is a Government college. Erroneously, the cyber operator typed Code No. 6174S. As a consequence, the Petitioner was allotted the private college with Code No. 6174S, Late Bhaiyasaheb Ghorpade College of Physiotherapy, Karad, Satara. The Petitioner realized this mistake and sent an email on 7th November, 2025 to the State CET Cell. Since there was no response, this Petition has been filed.
5.
The Petitioner has admittedly not joined the college with Code No. 6174S because of the huge tuition fees.
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6.
The learned Advocate for the CET Cell draws our attention to the Rules which provide that if a person rejects admission to the allotted college, such a candidate must compete in the Institutional Level Stray Round, which would again require payment of fees as prescribed by the Fees Regulatory Authority. She will not be entitled to the subsidized fees payable in State Government colleges. Moreover, since she rejected the college with Code No. 6174S, the Rules may not permit her to compete in further rounds, save and except, in the Institutional Level Stray Round. She is willing to participate in the said round.
7.
In view of the above, and considering the order passed by the Coordinate Bench [Coram: Sandeep V. Marne & Smt. Manjusha A. Deshpande, JJ.] (Vacation Court) dated 28th October, 2024 in Writ Petition Nos. 15381 of 2024 and 15382 of 2024, we permit the Petitioner to participate in the 'Online Stray Vacancy Round-2 (only if seats remain vacant)'. Since the Petitioner relies upon Item No. 6 on the first page of NOTICE NO. 32 NEET-UG-2025, dated 11th December 2025, she will have to register for the Online Stray Vacancy Round-2 notwithstanding that the date for such registration was up to 14th December, 2025, which is over.
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8.
Considering the peculiar facts of this case and the view taken in Writ Petition Nos. 15381 of 2024 and 15382 of 2024, we, therefore, direct the State CET Cell to grant special permission to the Petitioner to submit an application and register her for the said round by exercising her choice by filing the preference form. The results of the said round would be declared on 20th December, 2025.
9.
With the above directions, this Writ Petition is disposed off. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) ...4