Kerala High Court
Shahraza vs National Board Of Examinations In ... on 31 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:57541
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
WP(C) NO. 24458 OF 2025
PETITIONERS:
1 SHAHRAZA
AGED 24 YEARS
AT STREET NO.31, MATTOOL,
NEAR THANGALA JUMA MASJID, KANNUR,
KERALA, PIN - 670302.
2 KHADEEJA SHAJAHAN
AGED 24 YEARS,
VIJAYAMANGALATHU, VADAKKUMTHALA P.O,
KARUNAGAPALLY, KERALA, PIN - 690536.
3 NIMMI SUNIL
AGED 24 YEARS,
KANAKAKUNNIL, CHERIAZHEEKAL P.O,
KARUNAGAPALLY, KERALA, PIN - 690573.
BY ADVS.
SHRI.JAVAD MOIDU
SHRI.AMAL BABY
RESPONDENTS:
1 NATIONAL BOARD OF EXAMINATIONS IN MEDICAL
SCIENCES, REPRESENTED BY ITS DIRECTOR,
NAMS BUILDING, MEDICAL ENCLAVE, ANSARI NAGAR,
MAHATMA GANDHI MARG, NEW DELHI, PIN - 110029.
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W.P.(C) No.24458/2025
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2 NATIONAL TESTING AGENCY
REPRESENTED BY ITS DIRECTOR, FIRST FLOOR,
NSIC-MDBP BUILDING, OKHLA INDUSTRIAL ESTATE,
NEW DELHI, PIN - 110020.
3 NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY, POCKET-14,
SECTOR-8, DWARKA, NEW DELHI, PIN - 110077.
BY ADVS.
SRI.T.SANJAY, STANDING COUNSEL
SRI.K.S.PRENJITH KUMAR, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.24458/2025
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N. NAGARESH, J.
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W.P.(C) No.24458 of 2025
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Dated this the 31st day of July, 2025
JUDGMENT
~~~~~~~~~
The petitioners, who propose to appear in
the Foreign Medical Graduate Examination (FMGE), seek to
direct the 2nd respondent-National Testing Agency to provide
NEET UG Score Cards / Marks Cards or equivalent
certificates to the petitioners and to direct respondents 1 and
2 to accept the candidature of the petitioners for the FMGE.
2. The petitioners completed their Plus Two
(Science Stream) from recognised institutions in Kerala.
They appeared for NEET UG Examination in the year 2021.
Upon qualifying the NEET Examination, the petitioners took
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admission in various Medical Universities in Uzbekistan.
3. The petitioners are nearing completion of
their MBBS equivalent degrees and are preparing to appear
for the FMGE Examination. Along with the application for
appearing in FMGE Examination, NEET UG Score Card has
to be uploaded. When the petitioners tried to download the
Score Card from the website of the 2nd respondent-NTA, they
found that the Score Cards in respect of NEET UG 2020 and
2021 have been offloaded by the 2nd respondent.
4. The 2nd respondent has not provided any
option for retrieval of past NEET UG Score Cards. In reply to
their request, the 2nd respondent made Ext.P4 reply stating
that they are unable to provide the requested Score Cards.
The petitioners state that failure on the part of the 2nd
respondent in providing certified/duplicate copy of the Score
Card of NEET UG is prejudicing the education of the
petitioners.
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5. The 1st respondent filed a statement. The
1st respondent stated that as per Clause 4(2) of the
Screening Test Regulations 2002, the petitioners have to
obtain an Eligibility Certificate from the National Medical
Commission. Only eligible candidates will be allowed to
appear in the FMGE who have both the Eligibility Certificate
and Provisional Pass Certificate / Degree Certificate of
primary medical qualification. The petitioners are bound to
upload the Score Cards for qualifying NEET UG for obtaining
Eligibility Certificate.
6. The 2nd respondent also filed a statement.
The 2nd respondent stated that the Score Cards of all
candidates of NEET UG 2020 and 2021 were issued online
on 17.10.2020 and 01.11.2021. As per the database
available with the 2nd respondent, the details of the
petitioners having their application numbers and roll numbers
have been provided in the statement.
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7. I have heard the learned counsel for the
petitioners and the respective Standing Counsel appearing
for the respondents.
8. From the arguments advanced and the
documents on record, it is evident that the petitioners satisfy
all conditions applicable for appearing in FMGE. Rejection of
their applications on the ground that their Score Cards are
not uploaded would adversely affect their career. The 2nd
respondent, in their statement dated 25.07.2025 filed in the
writ petition, has given the marks and percentile obtained by
the petitioners.
9. In similar circumstances, this Court in W.P.
(C) No.23053/2024 has directed the 2nd respondent to
consider the petitioner's application for Eligibility Certificate
and take a decision thereon dehors the rejection of her
application. The petitioners herein are also entitled to similar
relief.
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The writ petition is hence disposed of
directing the 2nd respondent to reconsider the applications of
the petitioners for Eligibility Certificate and take a decision
thereon forthwith, dehors the rejection at Ext.P4.
Sd/-
N. NAGARESH, JUDGE
aks/01.08.2025
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APPENDIX OF WP(C) 24458/2025
PETITIONERS' EXHIBITS
Exhibit P1 THE TRUE COPY OF THE MCI NOTIFICATION
DATED 01.03.2018
Exhibit P2 THE TRUE COPY OF THE NOTICE DATED
27.12.2024 ISSUED BY THE 1ST
RESPONDENT
Exhibit P3 THE TRUE COPY OF THE FMEG INFORMATION
BULLETIN DECEMBER 2024 DATED NIL
Exhibit P4 THE COPY OF SCREENSHOT OF THE REPLY
MAIL FROM THE 2ND RESPONDENT DATED
08.01.2025
Exhibit P5 A TRUE PHOTO COPY OF THE ORDER DATED
09.01.2025 PASSED BY THE HON'BLE HIGH
COURT OF DELHI IN W.P.(C)NO.17780/
2024 TITLED AS SHIKHA PATEL & ORS. VS.
NBEMS & ORS.
RESPONDENT'S ANNEXURES
Annexure R2(a) TRUE COPY OF THE RELEVANT PORTION OF
THE PROSPECTUS OF THE NEET(UG) - 2021
Annexure R2(b) THE COPY OF PUBLIC NOTICE/ PRESS
RELEASE DATED 17.10.2020
Annexure R2(c) THE COPY OF PUBLIC NOTICE/ PRESS
RELEASE DATED 01.11.2021
