Kerala High Court
Surya G vs National Testing Agency on 6 October, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:74738
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
WP(C) NO. 33602 OF 2025
PETITIONER:
SURYA G
AGED 25 YEARS
D/O RAJEEV D, RAJ BHAVANAM,
NANGIARKULANGARA, NANGIAKULANGARA,
CHEPPAD, AKAMKUDY, ALAPPUZHA,
KERALA, INDIA, PIN - 690513
BY ADVS.
SHRI.ADARSH KURIAN
SHRI.K.V.PAVITHRAN
SHRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
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
2025:KER:74738
W.P.(C) No.33602/2025
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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 - 110077
BY ADVS.
SHRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL
COMMISSION
SHRI.JAISHANKAR V.NAIR, SENIOR PANEL COUNSEL,
NBEMS
SC SRI. S. NIRMAL, NTA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:74738
W.P.(C) No.33602/2025
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N. NAGARESH, J.
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W.P.(C) No.33602 of 2025
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Dated this the 6th day of October, 2025
JUDGMENT
~~~~~~~~~ The petitioner has completed her MBBS Degree from a Foreign University. To practice medicine in India with foreign MBBS Degree, she has to appear for FMG Examination conducted by the 3rd respondent. Passing NEET-UG Examination is mandatory to write FMGE. The petitioner states that she has appeared in NEET-UG (2019) Examination. Though the petitioner scored satisfactorily, she misplaced her score card and is now unable to retrieve the same.
2. When the petitioner approached the 1st respondent-National Testing Agency seeking issuance of 2025:KER:74738 W.P.(C) No.33602/2025 :4: score card, she was informed that the score card is not available. The petitioner states that the 1st respondent-NTA has all the details of the petitioner who appeared in NEET- UG. Therefore, the 1st respondent is compellable to provide NEET-UG score card / mark card to the petitioner.
3. The 3rd respondent-National Board of Examinations in Medical Sciences resisted the writ petition. The 3rd 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:74738 W.P.(C) No.33602/2025 :5:
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 personal verification of their original credentials and FACE ID/ Biometric verification.
6. The 1st respondent-NTA filed a statement. The 1st respondent submitted that as per the database available with the 1st respondent, the details of the petitioner having her application numbers and roll numbers are as given 2025:KER:74738 W.P.(C) No.33602/2025 :6: below:
Petitioner Surya G.
No.1 / Candidate's Name
NAME OF EXAM NEET UG 2019
Application No. 190410961699
Roll No. 280107719
Marks obtained 152 OUT OF TOTAL
MARKS OF 720
Physics Percentile 31.2920387
Chemistry Percentile 26.5469908
Biology Percentile 62.6293722
Total Percentile obtained 55.6029218
Category of the petitioner OBC (NCL)
All India Rank 623136
OBC Category Rank 274635
Cut-off OBC Category Rank 133-107
Qualified or not Qualified Qualified
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 2025:KER:74738 W.P.(C) No.33602/2025 :7: production of score card. Therefore, I am of the view that similar reliefs can be granted to the petitioner herein also.
The writ petition is accordingly disposed of directing the 2nd respondent to consider the application of the petitioner for appearing in the FMGE, based on the score details given by the 1st respondent-NTA hereinabove.
Sd/-
N. NAGARESH, JUDGE aks/09.10.2025 2025:KER:74738 W.P.(C) No.33602/2025 :8: APPENDIX OF WP(C) 33602/2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE GAZETTE NOTIFICATION PUBLISHED BY THE MEDICAL COUNCIL OF INDIA DATED 01.03.2018 Exhibit P1(a) A TRUE COPY OF THE GAZETTE NOTIFICATION PUBLISHED BY THE MEDICAL COUNCIL OF INDIA DATED 01.03.2018 Exhibit P2 A TRUE COPY OF THE ADMIT CARD ISSUED TO THE PETITIONER DATED 17.04.2019 Exhibit P3 A TRUE COPY OF THE PETITIONER MBBS CERTIFICATE DT.27/06/2025 FROM NORTHERN STATE MEDIAL UNIVERSITY OF RUSSIAN FEDERATION Exhibit P3(a) A TRUE COPY OF THE TRANSLATION OF THE PETITIONER'S MBBS CERTIFICATE DT.27/06/2025 FROM NORTHERN STATE MEDIAL UNIVERSITY OF RUSSIAN FEDERATION Exhibit P4 A TRUE COPY OF THE REPLY RECEIVED BY THE PETITIONER DATED 29.05.2025 Exhibit P5 A 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 P6 A 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(b) The copy of Public Notice / Press Release dated 05.06.2019 Annexure R1(a) True copy of the relevant portion of the prospectus of the NEET(UG) - 2019