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
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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 W.P.(C) No.29680/2025 :4: 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 W.P.(C) No.29680/2025 :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 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 W.P.(C) No.29680/2025 :6: 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 W.P.(C) No.29680/2025 :7: 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 W.P.(C) No.29680/2025 :8: 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 W.P.(C) No.29680/2025 :9:
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 W.P.(C) No.29680/2025 : 10 : 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) -2019
Annexure R2(b) True copy of the relevant extract of the Information Bulletin of the NEET(UG) -2020
Annexure R2(c) True copy of the relevant extract of the Information Bulletin of the NEET(UG) -2021
Annexure R2(d) The copy of Public Notice/ Press Release dated 05.06.2019 2025:KER:75852 W.P.(C) No.29680/2025 : 11 : 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.