Karnataka High Court
Ms Srusti Bommanahalli Rajanna vs National Board Of Examinations on 4 September, 2025
Author: R Devdas
Bench: R Devdas
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NC: 2025:KHC:34840
WP No. 5785 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO.5785 OF 2025 (EDN-RES)
BETWEEN:
MS. SRUSTI BOMMANAHALLI RAJANNA
AYED ABOUT 25 YEARS,
BOMMANAHALLI, KORA POST
BELLAVI HOBLI, TUMAKURU-572 128,
KARNATAKA
...PETITIONER
(BY SMT. VIDYASHREE K. S., ADVOCATE)
AND:
1. NATIONAL BOARD OF EXAMINATIONS
IN MEDICAL SCIENCES
REP. BY ASSISTANT DIRECTOR,
ANSARI NAGAR, MAHATMA GANDHI MARG
(RING ROAD), NEW DELHI - 110 029
Digitally signed by
DHARMALINGAM 2. THE ASSISTANT DIRECTOR,
Location: HIGH DEPARTMENT OF EXAMINATION CONDUCT,
COURT OF NATIONAL BOARD OF EXAMINATIONS
KARNATAKA IN MEDICAL SCIENCES
ANSARI NAGAR, MAHATMA GANDHI MARG
(RING ROAD), NEW DELHI - 110 029
3. THE KARNATAKA MEDICAL COUNCIL,
REP. BY ITS REGISTRAR,
16/6, MILLERS ROAD, KAVERAPPA LAYOUT,
VASANTH NAGAR, BENGALURU,
KARNATAKA - 560 052.
...RESPONDENTS
(BY SRI. D. ASWATHAPPA, ADVOCATE FOR R1 & R2;
SRI. DORERAJU, ADVOCATE FOR R3)
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NC: 2025:KHC:34840
WP No. 5785 of 2025
HC-KAR
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING THE
IMPUGNED NOTICE VIDE ANNEXURE A DATED 27.01.2025
ISSUED BY THE 2ND RESPONDENT RECALLING THE FMGE PASS
CERTIFICATE NO. NBEMS/DOEC/51022/VIII/DECEMBER
2023/2311211047/A-10830/1168 ISSUED TO THE PETITIONER
AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
The petitioner is aggrieved of the impugned notice at Annexure-A dated 27.01.2025, whereby the candidature of the petitioner for the Foreign Medical Graduate Examination ('FMGE' for short), which was conferred by the respondent No.1 - National Board of Examinations in Medical Sciences was cancelled.
2. The petitioner had enrolled in the MBBS (MD) program at Caucasus International University at Georgia during January, 2018. The program is said to be structured over a period of six years with the final year -3- NC: 2025:KHC:34840 WP No. 5785 of 2025 HC-KAR designated solely for internship training. The University where the petitioner took up the program, issued a provisional certificate on 07.02.2023, certifying the successful completion of five(5) years of MD program and the passing of all compulsory subjects. On the basis of the said certificate, the petitioner filed an application with the respondent No.1 seeking to sit for the FMGE examinations, which is mandatory for a student who secures a medical degree from a Foreign university. The respondent No.1 - Board issued the information bulletin during December, 2023, while calling for submission of online applications commencing from 23.11.2023 to 13.12.2023. The petitioner accordingly applied for the examination along with the provisional certificate dated 07.02.2023 at Annexure-B issued by LLC Caucasus International University. It is the contention of the learned counsel for petitioner that having verified the information given by the petitioner, the respondent - Board permitted the petitioner to take up the examination which was held during January, -4- NC: 2025:KHC:34840 WP No. 5785 of 2025 HC-KAR 2024. It is pointed out that the respondents issued a list of all applicants where there were deficiencies pertaining to the application while permitting such candidates to submit relevant documents curing the deficiencies between 05.01.2024 to 08.01.2024 and the petitioner's name is not found in the list. The petitioner having successfully completed the examination was issued with a pass certificate on 27.02.2024.
3. Thereafter, the petitioner approached the Karnataka Medical Council seeking a provisional registration certificate of Foreign Medical Graduates in terms of Section 25 of the Indian Medical Council Act, 1956. The Karnataka Medical Council issued a provisional registration certificate on 15.03.2024 at Annexure-G. It is at this juncture when the petitioner made all preparations to appear for the NEET examination, she received a notice dated 21.09.2024, calling upon the petitioner to explain as to why 'unfair means case' should not be registered against the petitioner and the candidature of the petitioner -5- NC: 2025:KHC:34840 WP No. 5785 of 2025 HC-KAR should not be cancelled. Reply was solicited at the hands of the petitioner before 27.09.2024. Accordingly, an e-mail reply was given by the petitioner on 26.09.2024 stating that the Georgia University was issuing provisional certificates to all the students after completion of five(5) years medical program as was given to the petitioner and her peers and seniors. It was contended by the petitioner that she had no intention of misleading the Board or violating any Rules.
4. Learned counsel for the respondent - Board, has drawn the attention of this Court to the communications made by the Board to the Georgian University, as found in Annexures- R7, R8 and R9. It is pointed out that the respondent - Board sought information from the Georgia University, where the petitioner had studied the MBBS course and in response to the same, the University gave a reply at Annexure-R8 clearly stating that the duration of study of Medical Examination program is six(6) years and upon completion -6- NC: 2025:KHC:34840 WP No. 5785 of 2025 HC-KAR of the program, the petitioner was awarded the degree of Medical Doctor, which is equated to a master's degree level. However, it was clarified that the provisional certificate dated 07.02.2023 was issued to the petitioner upon completion of five(5) years of study and the petitioner had not fully completed the medical educational program. A reference of the clinical process which were required to be taken up and completed by the petitioner during the 6th year was also provided in the communication at Annexure-R8. At Annexure-R9 is the further clarification to two queries which are as follows.
1. Whether the 6th year of the course is exclusively Internship or the Internship is spread across multiple semesters even before 6th year.
The internship is spread across multiple semesters during the clinical rotations, from the 6th to the 12th semesters.
2. Whether during 6th year the candidates are doing only Internship or are they required to study -7- NC: 2025:KHC:34840 WP No. 5785 of 2025 HC-KAR clinical subjects that they have not yet qualified for by the end of 5th year.
Students in the 6th year continue their studies as part of the MD program and must take mandatory clinical subjects, just line in the previous semesters. This includes components of clinical rotations, which are part of internship and begin from the 6th semester of study.
5. Learned counsel for the respondent-Board has drawn the attention of this Court to a decision of the Apex Court in the case of NATIONAL MEDICAL COMMISSION /vs./ POOJA THANDU NARESH AND OTHERS -
(2022) 13 SCC 56, where the question examined was "whether the degree granted by the Foreign Institute even in respect of clinical training is binding on the National Medical Commission and the student has to be provisionally registered", the Apex Court answered the same question holding as follows: "we find that the appellant is not bound to grant provisional registration to the student who has not completed the entire duration of -8- NC: 2025:KHC:34840 WP No. 5785 of 2025 HC-KAR the course from the Foreign Institute including the clinical training".
6. Learned counsel for the petitioner submits that at Annexure-C is the certificate issued by the University awarding degree of Medical Doctor to the petitioner. The certificate is dated 24.11.2023. The examinations were held by the respondent Board on 20.01.2024 and the results were declared on 20.02.2024. The petitioner was called for physical verification of the documents and on being satisfied with the certificates, the respondent -Board issued a pass certificate to the petitioner. Learned counsel submits that at this juncture when the petitioner is about to take up the NEET examinations, the notices were issued to the petitioner.
7. During the course of these proceedings, by virtue of the interim orders passed by this Court, the petitioner has taken up the NEET examination, however, the results have been withheld in terms of the directions -9- NC: 2025:KHC:34840 WP No. 5785 of 2025 HC-KAR issued by this Court. Learned counsel submits that when it is clear that the applications were called for between 23.11.2023 and 13.12.2023 and it is a fact that the certificate of Medical Doctors Diploma was issued to the petitioner on 24.11.2023, the petitioner should not be punished at this stage. If the impugned order is not set aside, the petitioner will be loosing three precious years. The petitioner will have to once again apply for the examination and after completion again 12 months of internship has to be undergone by the petitioner to obtain a certificate at the hands of the Karnataka Medical Council.
8. Having heard the learned counsel for petitioner, the learned counsel for respondent and on perusing the petition papers, this Court is of the considered opinion that the petitioner should have been more careful before applying for the examination. The petitioner was aware that the provisional certificate dated 07.02.2023 was issued by the university on completion of five (5) academic years and not the six (6) years of academic
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NC: 2025:KHC:34840 WP No. 5785 of 2025 HC-KAR course. In the case of Pooja Thandu Naresh (supra), the Hon'ble Supreme Court, while considering the contention of the student that the final year was only for practicals and no theory paper had to be written and therefore the student should be treated as having completed the course, it was held that without practical training, there cannot be any Doctor who is expected to take care of the citizens of the country. It was therefore held that the decision of the Commission not to grant provisional registration certificate to the student cannot be said to be arbitrary. In the present case, this Court finds that in the clarification issued by the University, it is clear that in the 6th year, the petitioner, as part of MD program has to mandatorily take up clinical subjects just like the previous semesters which included components of clinical training which are part of internship and begins from the 6th semester of study. Therefore, it is clear that while answering the query of the respondent - Board as to whether the 6th year of the candidature are only internship
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NC: 2025:KHC:34840 WP No. 5785 of 2025 HC-KAR or are they required to study clinical subjects, the university has clearly answered that the petitioner was also required to take up clinical subjects during the 6th year program. In that view of the matter, this Court is constrained to hold that no infirmity can be found in the impugned notice at Annexure- A issued by the respondent No.1 - Board.
9. However, at this juncture, learned counsel for petitioner has made a fervent appeal that the petitioner has already completed 12 months of internship before the provisional certificate was issued by the Karnataka Medical Council, therefore, even if the petitioner is required to take up the examination at the hands of the respondent - Board, however, a lenient view may be taken in the matter of the petitioner undergoing internship program for another 12 months.
10. The writ petition is accordingly disposed of, while placing the request of the petitioner before the Karnataka Medical Council to dispense with the 12 months
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NC: 2025:KHC:34840 WP No. 5785 of 2025 HC-KAR internship insofar as the petitioner is concerned, if the petitioner once again sits for the examination of the respondent -Board and gets a pass certificate at the hands of the respondent No.1- Board. Due regard should be had by the Karnataka Medical Council to the observations made by this Court and accordingly relevant orders may be passed dispensing with the 12 months internship program for the petitioner on the petitioner receiving a pass certificate at the hands of the respondent No.1 - Board once again.
Ordered accordingly.
Sd/-
(R DEVDAS) JUDGE KLY