Arya Ganga. B vs National Board Of Examinations In ...
2025 Latest Caselaw 9586 Ker

Kerala High Court

Arya Ganga. B vs National Board Of Examinations In ... on 10 October, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                               2025:KER:75852

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

 FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947

                 WP(C) NO. 29680 OF 2025

PETITIONERS:

    1    ARYA GANGA B.,
         AGED 22 YEARS
         D/O SURESH C,
         PUTHUVAYALIL, PUTHEN VEEDU,
         KANNIMEL CHERRY,
         KAVANADU PO,
         KOLLAM, PIN - 691003

    2    ALIYA A VAHAB,
         AGED 25 YEARS
         D/O ABDUL VAHAB K.J, AMACHAL VEEDU,
         KALARI, PANMANA, CHAVARA P.O,
         KOLLAM, PIN - 691583

    3    HIND SATHAR M.,
         AGED 24 YEARS
         D/O MUHAMMED SATHAR,
         THARAYIL PUTHEN VEEDU, MEMANA,
         OACHIRA P.O KOLLAM, PIN - 690526

    4    SHREDHA SHIBU,
         AGED 23 YEARS
         D/O SHIBU PHILIP, SHIBU DALE,
         PUTHUPALLY P.O, KAYAMKULAM,
         ALAPUZHA, PIN - 686011

         BY ADVS.
         SRI.VIMAL VIJAY
         SHRI.REBIN VINCENT GRALAN
         SHRI.DINESH G WARRIER
                                               2025:KER:75852
W.P.(C) No.29680/2025
                             :2:


RESPONDENTS:

     1     NATIONAL BOARD OF EXAMINATIONS IN MEDICAL
           SCIENCES,
           REP BY ITS DIRECTOR, NAMS BUILDING,
           MEDICAL ENCLAVE, ANSARI NAGAR,
           MAHATHMA GANDHI MARG,
           NEW DELHI, PIN - 110029

     2     NATIONAL TESTING AGENCY,
           REP BY ITS DIRECTOR, 1ST FLOOR,
           NSIC-MDBP BUILDING, OKHLA INDUSTRIAL ESTATE,
           NEW DELHI, PIN - 110020

     3     NATIONAL MEDICAL COMMISSION,
           REP BY ITS SECRETARY, POCKET-14,
           SECTOR - 8, DWARKA,
           NEW DELHI, PIN - 110077

           BY ADVS.
           SHRI.T.SANJAY, SC, NATIONAL BOARD OF EXAMINATIONS
           IN MEDICAL SCIENCES (NBEMS)
           SHRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL
           COMMISSION
           ADV.SRI.NIRMAL S., SC

     THIS WRIT PETITION      (CIVIL) HAVING COME UP       FOR
ADMISSION ON 10.10.2025,     THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
                                                      2025:KER:75852
W.P.(C) No.29680/2025
                                 :3:




                            JUDGMENT

Dated this the 10th day of October, 2025

The petitioners are candidates, who have successfully

completed their MBBS from OSH State Medical University

College, Kyrgystan in the year 2025. To practice medicine in

India with foreign MBBS Degrees, they have to appear for FMG

Examination. Passing NEET-UG Examination is mandatory to

write FMGE. The petitioners state that they have appeared in

NEET-UG (2019/2020/2021) Examinations. Though the

petitioners scored satisfactorily, they could not download the

score cards.

2. When the petitioners approached the 2nd

respondent-National Testing Agency seeking issuance of score

cards, they were informed that the score cards are not available.

2025:KER:75852

The petitioners state that the 2nd respondent-NTA has all the

details of the petitioners who appeared in NEET-UG. Therefore,

the 2nd respondent is compellable to provide NEET-UG score

card / mark card to the petitioners.

3. The 1st respondent-National Board of

Examinations in Medical Sciences resisted the writ petition. The

1st respondent stated that in terms of Clause 4.11 of the

Information Bulletin of FMGE December 2025, "Pursuant to the

recommendations of the NMC vide its letter No.NMC/MCI-

34(41)(Gen)/2020-21-Med/002815 dated 22.01.2021 and

approval of the Ministry of Health and Family Welfare (MoHFW),

Government of India vide its letter No.V.11025/02/2021-MEP

dated 09.03.2021, only eligible candidates will be allowed to

appear in the FMGE who have both the Eligibility Certificate (if

applicable) and the Provisional Pass Certificate / Degree

Certificate of Primary Medical Qualification".

2025:KER:75852

4. Clause 8.14.6. of the Information Bulletin of

FMGE December 2025 provides as follows:

Eligibility Certificate (EC): You shall be asked to provide status of issuance of EC to you by MCI/NMC. If EC is applicable in your case, you shall be required to upload the same under document upload section. If you took admission during the period when obtaining EC from MCI was not required / was exempted by the Government of India, you shall be required to upload a copy of admission letter confirming the exact date of admission to the primary medical qualification in lieu of EC. You shall be required to upload the Score Card for qualifying NEET-UG in lieu of EC if admission in Primary Medical Qualification has been obtained on or after May, 2018.

5. The role of NBEMS is limited only to the

conduct of FMG Examination as per Screening Test Regulations

2002 and issue Pass Certificates to qualified candidates after in

person verification of their original credentials and FACE ID/

Biometric verification.

6. The 2nd respondent-NTA filed a statement. The

2nd respondent submitted that as per the database available with

the 2nd respondent, the details of the petitioners having their

application numbers and roll numbers are as given below:

2025:KER:75852

Petitioner No.1 / Candidate No.1 Arya Ganga B

NAME OF EXAM NEET UG 2020

Application No. 200411496076

Roll No. 280602221

Marks obtained 266 OUT OF TOTAL MARKS OF 720

Physics Percentile 48.0442857

Chemistry Percentile 79.9805844

Biology Percentile 69.1564315

Total Percentile obtained 71.9228234

Category of the petitioner OBC (NCL)

All India Rank 383198

OBC Category Rank 6167052

CUT-OFF OBC Category Rank 146-113

Qualified or not Qualified Qualified

Petitioner No.2 / Candidate No.2 Aliya A Vahab

NAME OF EXAM NEET UG 2021

Application No. 210410578314

Roll No. 280601020

Marks obtained 114 OUT OF TOTAL MARKS OF 720 2025:KER:75852

Physics Percentile 13.6413704

Chemistry Percentile 19.9181103

Biology Percentile 50.3006917

Total Percentile obtained 42.3204964

Category of the petitioner OBC (NCL)

All India Rank 886549

OBC Category Rank 380170

CUT-OFF OBC Category Rank 137-108

Qualified or not Qualified Qualified

Petitioner No.3 / Candidate No.3 Hind Sathar. M

NAME OF EXAM NEET UG 2019

Application No. 190410065991

Roll No. 280602315

Marks obtained 137 OUT OF TOTAL MARKS OF 720

Physics Percentile 54.6325904

Chemistry Percentile 13.0014779

Biology Percentile 56.6444918

Total Percentile obtained 51.1129147

Category of the petitioner OBC (NCL)

NEET All India Rank 686484 2025:KER:75852

OBC Category Rank 303420

CUT-OFF OBC Category Rank 133-107

Qualified or not Qualified Qualified

Petitioner No.4 / Candidate No.4 Shredha Shibu

NAME OF EXAM NEET UG 2021

Application No. 210410642213

Roll No. 280100706

Marks obtained 154 OUT OF TOTAL MARKS OF 720

Physics Percentile 52.9642751

Chemistry Percentile 57.6444709

Biology Percentile 51.8870044

Total Percentile obtained 54.2647576

Category of the petitioner General

All India Rank 705176

GENERAL Category Rank 219532

CUT-OFF General Category Rank 720-138

Qualified or not Qualified Qualified 2025:KER:75852

7. In similar circumstances, in W.P.(C)

No.23053/2024, this Court directed the respondents to take a

decision on the application of the petitioner therein to appear in

the FMG Examination based on the score data as provided by

the National Testing Agency without insisting for production of

score card. Therefore, I am of the view that similar reliefs can

be granted to the petitioners also.

The writ petition is accordingly disposed of

directing the 3rd respondent to consider the applications of the

petitioners for appearing in the FMGE, based on the score

details given by the 2nd respondent-NTA hereinabove. This will

be subject to further condition that the petitioners satisfy all other

parameters and produce the requisite certificates.

Sd/-

N. NAGARESH JUDGE SR 2025:KER:75852

APPENDIX OF WP(C) 29680/2025

PETITIONERS' EXHIBITS:

Exhibit P1 A TRUE COPY OF GRADUATION CERTIFICATE OF 1ST PETITIONER ISSUED BY OSH STATE MEDICAL UNIVERSITY DATED NIL Exhibit P2 A TRUE COPY OF GRADUATION CERTIFICATE OF 2ND PETITIONER ISSUED BY OSH STATE MEDICAL UNIVERSITY DATED NIL Exhibit P3 A TRUE COPY OF GRADUATION CERTIFICATE OF 3RD PETITIONER ISSUED BY OSH STATE MEDICAL UNIVERSITY DATED NIL Exhibit P4 A TRUE COPY OF GRADUATION CERTIFICATE OF 4TH PETITIONER ISSUED BY OSH STATE MEDICAL UNIVERSITY DATED NIL Exhibit P5 A TRUE COPY OF NEET ADMIT CARD OF THE 1ST PETITIONER Exhibit P6 A TRUE COPY OF NEET ADMIT CARD OF THE 2ND PETITIONER Exhibit P7 A TRUE COPY OF NEET CONFIRMATION PAGE OF THE 3RD PETITIONER Exhibit P8 A TRUE COPY OF JUDGMENT IN WP(C) NO.

8720/2025 IN CM APPL. 37293/2025 DATED 10.07.2025 PASSED BY THE HIGH COURT OF DELHI RESPONDENTS' ANNEXURES:

Annexure R2(a) True copy of the relevant extract of the Information Bulletin of the NEET(UG) -

Annexure R2(b) True copy of the relevant extract of the Information Bulletin of the NEET(UG) -

Annexure R2(c) True copy of the relevant extract of the Information Bulletin of the NEET(UG) -

Annexure R2(d) The copy of Public Notice/ Press Release dated 05.06.2019 2025:KER:75852

Annexure R2(e) The copy of Public Notice/ Press Release dated 17.10.2020 Annexure R2(f) The copy of Public Notice/ Press Release dated 01.11.2021 Annexure R2(g) The copy of Judgement dated 22.04.2025 passed in W.P No. 14026 of 2025.