The Bombay High Court has allowed a petition to be amended, challenging a key admission rule for Health Science courses under the National Eligibility cum Entrance Test Undergraduates (NEET UG) 2025 in Maharashtra. The petition, filed by Purva Milind Wagh, targets Clause 11.2.9.1 of the Common Admission Process (CAP) Information Brochure. This clause prevents candidates who secured admission in CAP Round 3 from participating in the CAP stray vacancy round.
Rule Disadvantages High-Scoring Students
The core of the challenge lies in how the rule affects meritorious students. According to the petitioner, the clause prohibits candidates from upgrading to better seats. This happens when students initially admitted to courses like BAMS, BUMS, or BHMS later secure MBBS seats and vacate their original positions.
Under the current rule, candidates with higher marks cannot claim these newly available seats. Instead, students with lower scores can secure the vacated positions. The petitioner argues this policy disadvantages meritorious students by forcing them to remain in seats, sometimes with higher fees, while others with lower scores access better options.
The official petition states, “Clause 11.2.9.1 specifies a prohibition on candidates who have secured admission in CAP Round 3, from participating in the online CAP Stray Vacancy Rounds, for the available seats.”
Court Grants Amendment
Justices Ravindra V Ghuge and Ashwin D Bhobe heard submissions from the petitioner and the SCET Cell. The court observed that the petitioner presented a strong arguable case against the disqualification clause. This led to the court granting permission to amend the writ petition.
The court’s order stated, “Having noticed that the Petitioner has a strong arguable case against the disqualification clause under Clause 11.2.9.1, we permit the Petitioner to prepare the additional pleadings, grounds, and prayer clauses for amending the Petition.” This decision allows the petitioner to add further legal arguments and challenges to the rule that bars seat upgrades.
Impact on Admissions and Vacant Seats
The issue directly impacts the ongoing Maharashtra NEET UG 2025 stray vacancy round. There are 484 vacant MBBS and BDS seats available in this round. The choice filling facility for these seats remains open until November 13 .
High-scoring students, who might otherwise qualify for these newly available seats, are currently barred from participating due to the rule being challenged. This means lower-scoring candidates may gain access to seats that high-scoring candidates could not upgrade to, demonstrating the practical effect of Clause 11.2.9.1.
Expert Criticism of CET Cell
Medical education counsellor Sudha Shenoy has criticized the State CET Cell regarding the admissions process. Shenoy described the delay in adding National Medical Commission (NMC)-approved seats as a “gross injustice.”
According to Shenoy, this delay denied high-scoring students the chance to upgrade their seats, even to the newly added ones. Her comments highlight the broader concerns about fairness and transparency in the NEET UG admission process in Maharashtra, aligning with the petitioner’s challenge.
Next Steps for the Petition
The petitioner will now proceed to prepare and submit the additional pleadings, grounds, and prayer clauses for the amended petition. This amendment will strengthen the legal challenge against Clause 11.2.9.1 and other relevant provisions of the Information Brochure and Notice No. 22 dated October 17, 2025 . The court will then hear the revised petition, continuing the legal process to determine the fairness of the seat upgrade rule for NEET UG 2025 admissions.