Staff Reporter:
THE Nagpur Bench of the
Bombay High Court has dismissed three writ petitions challenging the inclusion of 100 newly created MBBS seats in the
NEET UG ‘stray vacancy round’
for the academic year 2025–26.
The petitions were filed by
three students who claimed that
the decision to add 100 MBBS
seats only at the stray vacancy
stage was illegal and deprived
meritorious candidates of a fair
chance to secure admission in
earlier counselling rounds.
The petitioners argued that
after completion of the third
round of the Common Admission
Process (CAP Round 3), the State
Government issued resolutions
approving 100 additional MBBS
seats in two medical colleges
Ashwini Medical College,
Solapur, and Malti Medical
College, Murtizapur, Akola.
They contended that these
seats should have been includ
ed in CAP Round 3 and not directly added to the Stray Vacancy
Round. According to them, this
decision forced several deserving students to take admission
in other courses such as BDS or through institutional quota. The
R Vyas noted that the admission
process had already been completed. The academic session
had already begun. All 100 additional MBBS seats had been filled
and students’ rights had crystallised.
State Government and the State
CET Cell defended their action,
stating that the Maharashtra
University of Health Sciences
(MUHS) granted first-time affiliation and increased intake
capacity in the two colleges only
on November 4, 2025, which was
the last date of CAP Round 3.
Since there is no provision for
conducting a fourth CAP round,
the authorities said the only
option was to include the additional seats in the Online Stray
Vacancy Round. They argued that
not doing so would have result
ed in the seats remaining vacant
which could cause loss to eligible students.
The division bench of Justice
Anil S Kilor and Justice Rajnish
The Court observed that the
increase in seats and the last date
of CAP Round 3 falling on the
same day appeared to be a coincidence. It held that disturbing
the completed admission
process would not be in the larg
er interest of students.
The bench also noted that
there was no challenge to
MUHS’s decision granting affiliation and increasing intake
capacity. The High Court dis
missed all three writ petitions.