Educational authorities can include newly affiliated seats in admission processes post-deadlines when not conflicting with existing rules, provided it serves the broader interest of students.

JUDGMENT :

RAJNISH R. VYAS, J.

We have heard learned counsels for respective parties at length.

2. By way of Writ Petition No. 7004/2025, the petitioner has challenged the admission process for National Eligibility cum Entrance Test “NEET” for UG dated 25.11.2025 and the arbitrary action by which the petitioner, though being meritorious, is denied opportunity to participate in “Stray Vacancy Round” for admission to MBBS and BDS course. A further prayer is made for direction to permit the petitioner to participate in “Online Stray Vacancy Round -1”.

3. In Writ Petition No. 7004/2025, learned counsel for petitioner submits that petitioner after completion of her 12^th standard, had appeared for NEET and secured All India Rank of 86587. She then successfully secured admission to BDS course in Government Dental College, Mumbai. According to her, though she was interested in MBBS course, she had to settled for BDS course after completion of Common Admission Process Round 3 (CAP round 3). The petitioner contends that after completion of admission process, respondent issued Government Resolutions dated 30.10.2025 and 31.10.2025 by which the Government sanctioned intake capacity of MBBS students by 50 seats in respect of two colleges, namely, Ashwini Medical College, Solapur and Malti Medical College, Murtizapur, District Akola, thus, 100 fresh seats for MBBS course were declared to be made available for admission. She states that since aforesaid 100 seats were made available only after completion of CAP 3 ROUND, many students could not secure seat in the MBBS course and had to settle by securing admission to other courses like BDS. In short, it is her contention that if in CAP round 3, some seats remained to be filled, then “Stray Vacancy Round process” is conducted and inclusion of additional of 100 new seats in Stray Vacancy Round is illegal. Learned counsel for petitioner has invited our attention to condition No. 11.1.9 (page 76), of brochure. He further submits that according to the documents filed on record had 100 seats been available in 3^rd round, she could have secured an admission in the MBBS course.

4. In so far as petitioner, in Writ Petition No. 6972/2025 is concerned, Mr. P.D. Sharma, learned counsel for petitioner adopts same line of argument with further contention that his client was required to take admission from Institutional Quota due to non availability of said 100 seats in 3^rd CAP round and introduction of same for the first time in Stray Vacancy Round. He contends that said action of the respondent is illegal and therefore, he prays for setting aside non-eligibility clause of notice No. 25, dated 11.11.2025, issued by State CET Cell which reads “non eligibility for CET OnLine Stray Vacancy Round: which prescribes, “candidates who have joined seat in round 1, round 2 and /or allotted a seat in CAP ROUND-3”, and is liable to be quashed.

5. So far as petitioner in Writ Petition No. 7127/2025 is concerned, a prayer is made to set aside admission process in pursuance to notice dated 11.11.2025, issued by State CET under the OnLine Stray Vacancy Round for MBBS and BDS course (group-A) in respect of 100 newly created MBBS seats. In this petition, the petitioner secured ALL India Rank of 84356 in NEET UG 2025 and she successfully secured admission to the MBBS course in Sindhudurg Shikshan Prasarak Mandal, Medical College, Sindhudurg.

6. In brief, all the counsels submitted that introduction of 100 vacancies in Stray Round was not at all permissible.

7. Per contra, Mr. Thakare, learned Addl GP for respondent/State and Mr. Nikhil Gaikwad, learned counsel f