Citation : 2026 Latest Caselaw 2393 Mad
Judgement Date : 7 May, 2026
WP No. 18287 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
WP No. 18287 of 2026
Dhanusri K
..Petitioner(s)
Vs
1. The Secretary
National Medical Commission,
Pocket -14, Sector -8,
Dwarka Phase -1,
New Delhi 110 007, India
2. The Director
National Board of Examination in Medical
Sciences,
Medical Enclave, Ansari Nagar Ring Road,
New Delhi 110 029, India
..Respondent(s)
Prayer: Writ petition is filed under Article 226 of Constitution of India, to issue
a writ of Mandamus, directing the 1st Respondent to issue Eligibility certificate
on or before 11.05.2026 pursuant to the application submitted by the petitioner
to the 1st Respondent vide Application No. Id R.15012/ 035845 / 2026 dated
07.03.2026 and to consequently permit petitioner to write FMGE (Foreign
Medical Graduate Exam) conducted by the 2nd respondent, the National Board
of Examinations in Medical Sciences scheduled to be held on 28.06.2026.
For Petitioner(s): M/s.T.Jayalakshmi
for M/s. Paul And Paul
For Respondent(s): Mr.A.Kumaraguru, Standing Counsel for R1
Mr.J.Harikrishna, Senior Standing Counsel for R2
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https://www.mhc.tn.gov.in/judis
WP No. 18287 of 2026
ORDER
The writ petition is filed seeking a direction to 1 st respondent to issue
eligibility certificate on or before 11.05.2026 to enable the petitioner to submit
her application for Foreign Medical Graduate Examination conducted by the 2 nd
respondent.
2. According to the petitioner, she acquired her basic medical degree from
the University of Visayas, Gullas College of Medicine, Philippines. She
completed Doctor of Medicine in the above mentioned University during the
academic years 2021-2025 including one month of skill training and 12 months
of clinical clerkship. The petitioner was awarded with the degree of Doctor of
Medicine on 23.07.2025 which is equivalent to MBBS degree in India.
3. In view of Section 13(4A) of Indian Medical Council Act, 1956, any
Indian citizen possessing foreign medical degree must qualify in a screening test
to be conducted by the 2nd respondent. As per Section 13(4B) of the said Act,
the petitioner is required to submit an eligibility certificate to be issued by the 1 st
respondent. The last date for submitting the application for admission to Foreign
Medical Graduate Test is 11.05.2026. Though the petitioner applied for
issuance of eligibility certificate, till date, the same has not been issued. Hence,
the petitioner has come forward with the above mentioned petition.
4. Mr.A.Kumaraguru, learned Standing Counsel takes notice for the 1st
respondent. Mr.J.Harikrishna, learned Senior Standing Counsel takes notice for
the 2nd respondent.
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5. The learned Standing Counsel representing the 1 st respondent would
submit that 1st respondent sought for certain clarification and additional
documents from the petitioner by E-mail dated 29.04.2026 and the petitioner
submitted additional documents on 05.05.2026 and her application is still under
process.
6. In view of the statement made by the learned Standing Counsel for the
1st respondent that the petitioner already submitted additional documents sought
for by the 1st respondent and her application is still under process, taking into
consideration the cut-off date for filing application for Foreign Medical
Graduate Examination, this Court is inclined to direct the 1 st respondent to
process the application submitted by the petitioner and issue eligibility
certificate, if she is found eligible, on or before 08.05.2026.
7. With this direction, the writ petition stands disposed of. No costs.
07-05-2026 (1/2) Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nr/veda
Note:Issue order copy on 07.05.2026
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S.SOUNTHAR, J.
nr/veda
To
1. The Secretary National Medical Commission, Pocket -14, Sector -8, Dwarka Phase -1, New Delhi 110 007, India
2. The Director National Board of Examination in Medical Sciences, Medical Enclave, Ansari Nagar Ring Road, New Delhi 110 029 India
07-05-2026 (1/2)
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