Bombay HC allows amendment to NEET UG 2025 petition challenging CAP seat upgrade rule

The Bombay High Court has granted permission to a petitioner to amend a writ petition concerning the admissions process for Health Science courses under the National Eligibility cum Entrance Test Undergraduates (NEET UG) 2025 in Maharashtra. The petition, filed by Purva Milind Wagh against the State of Maharashtra and others, raises issues regarding Clause 11.2.9.1 of the Common Admission Process (CAP) Information Brochure.

During the hearing, the bench comprising Justices Ravindra V Ghuge and Ashwin D Bhobe considered submissions from the petitioner and the SCET Cell. The petitioner argued that Clause 11.2.9.1 prohibits candidates who secured admission in CAP round 3 from participating in the CAP stray vacancy round.

“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,” the official petition said.

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The issue arises from candidates who initially secured admission in top-ranking colleges for courses like BAMS, BUMS, BHMS, BNYS, BPTh, BOTh, BASLP, and BP&O, but later obtained MBBS seats. When these candidates vacated their earlier seats, candidates with higher marks, including the petitioner, could not upgrade to the newly available seats due to the prohibition. Meanwhile, candidates with lower scores were able to secure the vacated seats.

The petitioner argued that this policy disadvantages meritorious students by forcing them to remain in seats with high fees while others with lower scores gain access to better seats.

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Petitioner challenges Maharashtra CAP disqualification clause

The petitioner sought to challenge the disqualification clause under Clause 11.2.9.1, along with other provisions of the Information Brochure and Notice No. 22 dated October 17, 2025. The court observed that the petitioner has a strong arguable case and granted leave to amend the petition.

The court’s order states, “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,” granting the petitioner leave to amend the petition and challenge the rule barring seat upgrades.

The issue of seat upgradation has also been highlighted in the ongoing Maharashtra NEET UG 2025 stray vacancy round , where 484 MBBS and BDS seats are vacant and the choice filling facility is open till November 13.

Medical education counsellor Sudha Shenoy criticised the State CET Cell for delaying the addition of NMC-approved seats, calling it a “gross injustice” to students who had already joined CAP round 3 seats. High-scoring students remain barred from upgrading even to these newly added seats, while lower-scoring candidates may access them, reflecting the practical effect of the rule now being challenged in the High Court petition.