Kerala High Court
Swathi Krishna vs National Testing Agency on 23 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:70222
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
WP(C) NO. 26841 OF 2025
PETITIONERS:
1 SWATHI KRISHNA
AGED 24 YEARS
D/O : KRISHNA DAS, RESIDING AT KARTHIAT (H),
NANMINDA (PO), KOZHIKODE., PIN - 673613
2 SREELAKSHMI S
AGED 23 YEARS
D/O SHASHI KUMAR PILLAI, MADHAVA MANDIRAM
PUTHUMALA P.O, EZHAMKULAM, ADOOR,
PATHANAMTHITTA, PIN - 691554
3 SONA PIOUS
AGED 25 YEARS
D/O PIOUS VARGHESE,
RESIDING AT PURACKAL HOUSE, PULINCUNNU P.O,
PULINCUNNU, ALAPPUZHA., PIN - 688504
4 SHERY JIJU THOMAS
AGED 24 YEARS
S/O JIJU THOMAS, KUZHITHARA PEEDIKAYIL ,
SHERY VILLA, ARUNUTTIMANGALAM PO, MAVELIKARA,
ALLAPUZHA., PIN - 690101
5 NICY MATHEW
AGED 25 YEARS
D/O MATHEW K A, KOTTACKATTETHU, KALLUKUNNU,
KATTAPPANA P.O, KATTAPPANA,
IDUKKI., PIN - 685508
6 ANJALI O
AGED 25 YEARS
D/O G OMANAKUTTAN PILLAI ,
2025:KER:70222
W.P.(C) No.26841/2025
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RESIDING AT GOVINDAM (H), EDAKKUNAM,
CHARUMOODU P.O, ALAPPUZHA., PIN - 690505
BY ADVS.
SHRI.AKHIL VINAYAN
SHRI.SUKARNAN
RESPONDENTS:
1 NATIONAL TESTING AGENCY
REPRESENTED BY ITS CHAIRPERSON, FIRST FLOOR,
NSIC-MDBP BUILDING, OKHLA INDUSTRIAL ESTATE,
NEW DELHI, DELHI., PIN - 110020
2 NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS CHAIRPERSON, POCKET- 14 ,
SECTOR - 8, DWARKA PHASE -1,
NEW DELHI., PIN - 110077
3 NATIONAL BOARD OF EXAMINATIONS IN MEDICAL
SCIENCES (NBEMS)
REPRESENTED BY ITS PRESIDENT, DABRI - GURGAON
ROAD, NEAR DISTRICT COURT, DWARKA SECTOR 9 RD,
PSP AREA, NEW DELHI, DELHI., PIN - 110075
BY ADV SHRI.T.SANJAY, SC, NATIONAL BOARD OF
EXAMINATIONS IN MEDICAL SCIENCES (NBEMS)
SRI. K.S. PRENJITH KUMAR, SC
SRI. S. NIRMAL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.08.2025, THE COURT ON 23.09.2025
DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
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W.P.(C) No.26841 of 2025
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Dated this the 23rd day of September, 2025
JUDGMENT
~~~~~~~~~ The petitioners, who are Indian citizens and who have completed their MBBS from Nicolae Testemitanu State University, Moldova, have filed this writ petition seeking to direct respondents 2 and 3 to allow the petitioners to submit their Foreign Medical Graduate Examination (FMGE) application and appear in the FMGE pending issuance of NEET-UG (2019) score card and eligibility certificate.
2. The petitioners state that they are MBBS graduates from Nicolae Testemitanu State University of Medicine and Pharmacy, of the Republic of Moldova. To practice medicine in India, the petitioners have to qualify 2025:KER:70222 W.P.(C) No.26841/2025 :4: Foreign Medical Graduate Examination conducted by the National Board of Examinations in Medical Sciences (NBEMS). To appear for the FMG Examination, the petitioners have to qualify NEET-UG.
3. The petitioners state that they had duly appeared and qualified the NEET-UG (2019) conducted by the National Testing Agency (NTA). However, the original score cards of the petitioners have been misplaced. The petitioners state that due to inadvertence and the passage of time, the petitioners are unable to trace their NEET-UG (2019) score cards.
4. The petitioners requested the 1st respondent- NTA to issue their score cards. The 1st respondent rejected the request stating that the records are preserved only up to 90 days from the date of declaration of result. Unless the respondents are directed to accept their FMGE application and appear in the FMG Examination pending issuance of their NEET-UG (2019) score cards, the petitioners will be put to 2025:KER:70222 W.P.(C) No.26841/2025 :5: untold hardship, contend the petitioners.
5. The 3rd respondent resisted the writ petition. The 3rd respondent stated that in terms of Clause 4.11 of the Information Bulletin of FMGE June 2025, pursuant to the recommendations of the NMC as per 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 as per 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.
6. Clause 8.14.6. of the Information Bulletin of FMGE June 2025 provides that candidate shall be asked to provide status of issuance of EC by MCI/NMC. If EC is applicable, the candidate shall be required to upload the same under document upload section. If admission is taken during 2025:KER:70222 W.P.(C) No.26841/2025 :6: the period when obtaining EC from MCI was not required / was exempted by the Government of India, the candidate 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. The candidate 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.
7. The role of NBEMS is limited to conducting the FMG Examination and issuance of Pass Certificates to qualified candidates after verification of their original credentials and FACE ID / Biometric verification. The contention of the petitioners is primarily associated with issuance of NEET-UG score card and Eligibility Certificate issued by NTA and NMC respectively which is beyond the purview of the NBEMS.
8. I have heard the learned counsel for the petitioners and the respective learned Standing Counsel 2025:KER:70222 W.P.(C) No.26841/2025 :7: appearing for respondents 1 to 3.
8. The 1st respondent submitted that the record of NEET-UG (2019) would be preserved only up to 60 days from the date of declaration of the results. This was made clear in the Information Bulletin issued in connection with NEET-UG (2019). The score cards of all candidates including the petitioners in NEET-UG (2019) were issued online on 05.06.2019.
9. The 1st respondent submitted that as per the database available with the 1st respondent, the details of the petitioners having their application numbers and roll numbers are as follows:
Petitioner Swathi Krishna
No.1 /Candidate's Name
NAME OF EXAM NEET UG 2019
Application No. 190411085303
Roll No. 280805072
Marks obtained 131 OUT OF TOTAL MARKS
OF 720
Physics Percentile 50.8602131
Chemistry Percentile 53.6168931
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Biology Percentile 46.1132514
Total Percentile obtained 49.1494980
Category of the petitioner OBC All India Rank 715835 OBC Category Rank 316768 Cut-off OBC Category Rank 133 - 107 Qualified or not Qualified Qualified Petitioner No.2 Sreelakshmi S /Candidate's Name NAME OF EXAM NEET UG 2019 Application No. 190410197020 Roll No. 280100169 Marks obtained 197 OUT OF TOTAL MARKS OF 720 Physics Percentile 61.0659540 Chemistry Percentile 71.3897169 Biology Percentile 62.6293722 Total Percentile obtained 66.2008641 Category of the petitioner UR All India Rank 476046 UR Category Rank 201243 2025:KER:70222 W.P.(C) No.26841/2025 :9: Cut-off UR Category Rank 133 - 120 Qualified Qualified or not Qualified Petitioner No.3 Sona Pious /Candidate's Name NAME OF EXAM NEET UG 2019 Application No. 190410046626 Roll No. 280104857 Marks obtained 346 OUT OF TOTAL MARKS OF 720 Physics Percentile 79.7387215 Chemistry Percentile 77.47567797 Biology Percentile 90.0811268 Total Percentile obtained 86.4033798 Category of the petitioner UR All India Rank 190758 UR Category Rank 8872 Cut-off UR Category Rank 133 - 120 Qualified or not Qualified Qualified Petitioner No.4 Shery Jiju Thomas /Candidate's Name NAME OF EXAM NEET UG 2019 2025:KER:70222 W.P.(C) No.26841/2025 : 10 : Application No. 19041136680 Roll No. 280100723 Marks obtained 139 OUT OF TOTAL MARKS OF 720 Physics Percentile 81.8434101 Chemistry Percentile 6.9162966 Biology Percentile 51.2392301 Total Percentile obtained 51.7015357 Category of the petitioner UR All India Rank 679643 UR Category Rank 277218 Cut-off UR Category Rank 133 - 120 Qualified or not Qualified Qualified Petitioner No.5 Nicy Mathew /Candidate's Name NAME OF EXAM NEET UG 2019 Application No. 190411069260 Roll No. 28070071 Marks obtained 166 OUT OF TOTAL MARKS OF 720 Physics Percentile 72.8423433 Chemistry Percentile 38.1476585 Biology Percentile 58.3901528 Total Percentile obtained 59.3158982 2025:KER:70222 W.P.(C) No.26841/2025 : 11 : Category of the petitioner UR All India Rank 572474 UR Category Rank 237901 Cut-off UR Category Rank 133 - 120 Qualified or not Qualified Qualified Petitioner No.6 Anjali O /Candidate's Name NAME OF EXAM NEET UG 2019 Application No. 190410171221 Roll No. 280100971 Marks obtained 213 OUT OF TOTAL MARKS OF 720 Physics Percentile 81.1975857 Chemistry Percentile 67.3468462 Biology Percentile 64.1187166 Total Percentile obtained 69.2325032 Category of the petitioner UR All India Rank 433576 UR Category Rank 184871 Cut-off UR Category Rank 133 - 120 Qualified or not Qualified Qualified 2025:KER:70222 W.P.(C) No.26841/2025 : 12 : From the afore particulars, it appears that all the petitioners have qualified in NEET-UG (2019).
10. I find that in similar circumstances, the Hon'ble High Court of Delhi has directed to treat the database records in lieu of score cards in order to enable the petitioners therein to appear for FMG Examination. Similar reliefs can be given to the petitioners herein also.
The writ petition is therefore disposed of directing the 3rd respondent to permit the petitioners to submit their FMGE application and appear in the FMG Examination based on the NEET-UG (2019) score data given above on condition that the petitioners satisfy all other parameters.
Sd/-
N. NAGARESH, JUDGE aks/17.09.2025 2025:KER:70222 W.P.(C) No.26841/2025 : 13 : APPENDIX OF WP(C) 26841/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE GAZETTE NOTIFICATION PUBLISHED BY THE MEDICAL COUNCIL OF INDIA NO.MCI-201/2017- ELIGI./GEN./176484 DATED 01.03.2018 Exhibit P1(a) TRUE COPY OF THE GAZETTE NOTIFICATION PUBLISHED BY THE MEDICAL COUNCIL OF INDIA NO.MCI-201/2017- ELIGI./GEN./176486 DATED 01.03.2018 Exhibit P2 TRUE COPY OF THE ADMIT CARD ISSUED TO THE 1ST PETITIONER DATED 19.04.2019 Exhibit P3 TRUE COPY OF THE CONFIRMATION LETTER ISSUED TO THE 2ND PETITIONER DATED 05.11.2018 Exhibit P4 TRUE COPY OF THE CONFIRMATION LETTER ISSUED TO THE 3RD PETITIONER DATED 02.11.2018 Exhibit P5 TRUE COPY OF THE CONFIRMATION LETTER ISSUED TO THE 4TH PETITIONER DATED 30.11.2018 Exhibit P6 TRUE COPY OF THE ADMIT CARD ISSUED TO THE 5TH PETITIONER DATED 22.04.2019 Exhibit P7 TRUE COPY OF THE CONFIRMATION LETTER ISSUED TO THE 6TH PETITIONER DATED 05.11.2018 Exhibit P8 TRUE COPY OF THE REPLY RECEIVED BY THE 1ST PETITIONER DATED 04.07.2025 Exhibit P8(a) TRUE COPY OF THE REPLY RECEIVED BY THE 2ND PETITIONER DATED 11.07.2025 Exhibit P8(b) TRUE COPY OF THE REPLY RECEIVED BY THE 3RD PETITIONER DATED 28.01.2025 Exhibit P8(c) TRUE COPY OF THE REPLY RECEIVED BY THE 4TH PETITIONER DATED 04.07.2025 Exhibit P8(d) TRUE COPY OF THE REPLY RECEIVED BY THE 5TH PETITIONER DATED 04.07.2025 Exhibit 8(e) TRUE COPY OF THE REPLY RECEIVED BY THE 6TH PETITIONER DATED 02.07.2025 Exhibit P9 TRUE COPY OF THE REPLY TO THE RTI APPLICATION FILED BY THE 2ND 2025:KER:70222 W.P.(C) No.26841/2025 : 14 : PETITIONER DATED 05.07.2025 Exhibit P10 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE HIGH COURT OF DELHI IN WP(C ) NO. 1390/2025 DATED 04.02.2025 Exhibit P11 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE HIGH COURT OF DELHI IN WP(C ) NO. 1390/2025 DATED 15.04.2025 RESPONDENT'S ANNEXURES Annexure R1(a) True copy of the relevant portion of the prospectus of the NEET(UG) - 2019 Annexure R1(b) True copy of Public Notice/ Press Release dated 05.06.2019