Mumbai: The Bombay High Court has permitted a medical aspirant to amend her petition challenging a State CET Cell rule that allegedly disadvantages higher-scoring candidates seeking admissions to health science courses under NEET-UG 2025.
The HC was hearing a petition filed by Pune-based student Purva Wagh through advocate Rahul Kamerkar.
Pune Student Challenges Clause Restricting Stray Vacancy Participation
A bench of Justices Ravindra Ghuge and Ashwin Bhobe noted that the case raised a “strong arguable challenge” to Clause 11.2.9.1 of the State CET Cell’s Information Brochure, which bars candidates who have confirmed admissions in CAP Round III from participating in subsequent online stray vacancy rounds.
Court Flags ‘Peculiar Situation’ in 2025 Admission Cycle
In its order, the court recorded the sequence of events that created what it called a “peculiar situation” in the 2025 admissions cycle. The State CET Cell had introduced a detailed preference-based system for admissions to government, corporation, private and minority colleges offering health science courses. However, the schedule for various rounds resulted in CAP Rounds II and III for non-MBBS courses being completed before the MBBS round was conducted.
Vacancies Created After Students Shifted to MBBS
Because of this, many candidates who had accepted seats in top-ranking colleges offering courses such as BAMS, BUMS, BHMS, BNYS, BPTh, BOTh, BASLP and BP&O surrendered those seats after later securing admission to MBBS. Their departures created vacancies in highly sought-after institutions.
Higher-Scoring Students Locked Out of Vacant Top Seats
The petitioner argued that candidates like her — who had higher marks but were compelled to take admission in lower-ranking or high-fee private colleges during CAP Round III — should logically have been able to upgrade to these newly vacant seats. However, Clause 11.2.9.1 bars Round III candidates from participating in the stray vacancy process.
Court Notes ‘Dichotomy’ in Allocation of Seats
This, the court noted, has led to a “dichotomy”: students with lower scores, who had not secured any seat until Round III, are now being offered government or top-ranking college seats vacated by candidates who moved to MBBS, while higher-scoring candidates are locked into their earlier choices due to the prohibition.
“In short, candidates with higher marks who could have secured admission in government or top-ranked colleges are now precluded from doing so, whereas lower-scoring candidates stand to benefit by fortuitous circumstances,” the bench observed.
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HC Allows Amendment of Petition Against CET Rules
Taking note of these concerns, the court allowed Wagh to amend her petition to specifically challenge Clause 11.2.9.1, other provisions of the Information Brochure, and Notice No. 22 dated October 17, 2025. The bench directed her to file a fresh, amended petition.
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