Md. Taufique Alam v. State Of Maharashtra Thro. Its Department Of Medical Educaiton And Drugs
by ARUNA SANDEEP TALWALKAR Date:
2026.03.05 13:48:29 +0530 ARUNA SANDEEP TALWALKAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1711 OF 2026 IN WRIT PETITION NO. 2300 OF 2026 Anil Yadav.
...Petitioner
Vs.
State of Maharashtra & Ors.
...Respondents.
WITH INTERIM APPLICATION NO. 1707 OF 2026 IN WRIT PETITION NO. 2302 OF 2026 Md. Taufique Alam
...Petitioner
Vs.
State of Maharashtra & Ors.
...Respondents.
WITH INTERIM APPLICATION NO. 1705 OF 2026 IN WRIT PETITION NO. 2305 OF 2026 Surendrakumar Gurudayal Singh.
...Petitioner
Vs.
State of Maharashtra & Ors.
...Respondents.
WITH INTERIM APPLICATION NO. 1706 OF 2026 IN WRIT PETITION NO. 2306 OF 2026 Hanuman Prasad.
...Petitioner
Vs.
State of Maharashtra & Ors.
...Respondents.
WITH INTERIM APPLICATION NO. 1708 OF 2026
IN WRIT PETITION NO. 2308 OF 2026 Suresh Kumar & Ors.
...Petitioners.
Vs.
State of Maharashtra & Ors.
...Respondents.
WITH INTERIM APPLICATION NO. 1709 OF 2026 IN WRIT PETITION NO. 2309 OF 2026 Dilip Singh Gehlot & Ors.
...Petitioners.
Vs.
State of Maharashtra & Ors.
...Respondents.
WITH INTERIM APPLICATION NO. 1710 OF 2026 IN WRIT PETITION NO. 2482 OF 2026 Kapil Bhardwaj & Ors.
...Petitioners.
Vs.
State of Maharashtra & Ors.
...Respondents.
WITH INTERIM APPLICATION NO. 1704 OF 2026 IN WRIT PETITION NO. 2480 OF 2026 Hanuman Chhaba & Ors.
...Petitioners.
Vs.
State of Maharashtra & Ors.
...Respondents.
----------------- Mr. V.M. Thorat a/w. Mr. M.V. Thorat, Advocate for Petitioners. Mr. P.P. Kakade, Addl. G.P. a/w. S.H. Kankal, AGP for Respondent - State in WP/2300/2026.
Mr. P.P. Kakade, Addl. G.P. a/w. Smt. Priyanka B. Chavan, AGP for
Respondent - State in WP/2302/2026.
Mr. P.P. Kakade, Addl. G.P. a/w. Mr. S.H. Kankal, AGP for Respondent - State in WP/2305/2026 & WP/2306/2026.
Mr. P.P. Kakade, Addl. G.P. a/w. Smt. Priyanka B. Chavan, AGP for Respondent - State in WP/2308/2026.
Mr. P.P. Kakade, Addl. G.P. a/w. Mr. S.H. Kankal, AGP for Respondent - State in WP/2305/2026 & WP/2309/2026.
Mr. P.P. Kakade, Addl. G.P. a/w. Smt. Priyanka B. Chavan, AGP for Respondent - State in WP/2482/2026.
Mr. P.P. Kakade, Addl. G.P. a/w. Mr. S.H. Kankal, AGP for Respondent - State in WP/2305/2026 & WP/2480/2026.
Mr. Sameer Khedekar a/w. Ms. Mayuri Andhale, Advocate for Respondent No. 3.
Ms. Bharti Gerella (Law Officer of CET Cell). Mr. Siddessh Nar (Exam Coordinator of CET Cell). ----------------- CORAM : R. I. CHAGLA AND ADVAIT M. SETHNA, JJ.
DATED : 27th FEBRUARY, 2026 P.C.:- 1.
A clarification of the orders dated 17th February, 2026 has been sought in these Interim Applications. The said orders were passed in the Writ Petitions which had granted Interim Relief by directing the Respondent No. 3 - State CET Cell to allow the Petitioners to apply for admission to Post Graduate Medical Course in ongoing Stray Vacancy Round under the 35% Institutional Quota (IQ) and in subsequent rounds and for which necessary steps would be taken for opening the registration portal for the Petitioners on 18th or 19th February, 2026. It was further directed that the Respondent No. 3 - State CET Cell will consider the Petitioners eligible for the Post
Graduate Medical Course in 35% Institutional Quota (IQ) in private unaided medical colleges and the Petitioners' claim will be considered on inter-se merit without insisting either on Domicile Certificate or passing of MBBS Examination from the State of Maharashtra. The said Interim order passed was made subject to the outcome of the Writ Petitions. Further safeguards have also been provided in the said Interim Order. 2.
Mr. Thorat, learned Counsel appearing for the Petitioners has referred to Section 7(iii) of Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015. The Regulation states that a maximum of 15% of seats may be filled from NRI candidates at the institution level, subject to approval by the Admission Regulating Authority. He has also referred to Section 14 which provides for Institutional Level Round for filling vacant seats after Centralized Admission Process (CAP) Mop-Up rounds with prior approval of the Competent Authority. He has submitted that 15% seats which are to be filled up from NRI candidates at Institutional level are not being filled up due to there being no NRIs to occupy such seats and accordingly, these seats are being made available to join the Institutional level round after CAP Mop-Up round. He has submitted that the Petitioners not being NRIs should be allowed to apply for the 15% seats at the Institutional level rounds which are unclaimed by the NRI candidates.
3.
Mr. Sameer Khedekar, learned Counsel appearing for the Respondent No. 3 - State CET Cell on instructions states that the Petitioners will be allowed to apply for the 15% unclaimed NRI seats during the Institutional level round provided they pay the applicable fees for NRI candidates as prescribed by Fee Regulatory Authority. The statement is accepted. 4.
In view of the above statement, the said Interim order dated 17th February, 2026 and in particular, the direction in paragraph-5 stands clarified.
5.
In view of the above, the Interim Applications are disposed of. [ADVAIT M. SETHNA, J.] [R.I. CHAGLA, J.]