Kerala High Court
Anand M @ Muraleedharan Anand vs National Testing Agency, Represented ... on 6 October, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:75515
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. 28412 OF 2025
PETITIONERS:
ANAND M @ MURALEEDHARAN ANAND
AGED 25 YEARS
S/O MURALEEDHARAN,
RESIDING AT PALANILKUNNATHIL PERISSERY PO,
CHENGANNUR, ALAPPUZHA.P.O, PIN - 689126
BY ADVS.
SHRI.R.RAHUL
SMT.SARITHA G.R.
SMT.MEENAKSHY V.S.
SMT.PREETHY K.
SHRI.SREEKRISHNADATH PANDARATHIL E.K.
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
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W.P.(C) No.28412/2025
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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, 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 06.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
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W.P.(C) No.28412 of 2025
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Dated this the 6th day of October, 2025
JUDGMENT
~~~~~~~~~ The petitioner, who is an Indian citizen, completed his MBBS from Nicolae Testemitanu State University, Moldova. To practice in India, the petitioner has to qualify the Foreign Medical Graduate Examination (FMGE) conducted by the 3rd respondent-National Board of Examination.
2. The petitioner states that NEET - UG qualification is a mandatory qualification to appear for FMGE. The petitioner had appeared in NEET - UG (2019). However, he has misplaced his Score Card and is unable to retrieve the same. In spite of requests, the 1st respondent-National Testing Agency has refused to provide the Score Card stating 2025:KER:75515 W.P.(C) No.28412/2025 :4: that as per the data retention policy, they retain Score Cards only for 60/90 days.
3. The petitioner states that he possesses the roll number and application number as proof of having appeared and qualified in NEET - UG (2019). However, without the NEET Score Card, the petitioner will not be able to register for the FMGE scheduled in November, 2025. The petitioner therefore seeks to direct respondents 2 and 3 to allow the petitioner to submit his FMGE application and appear in the FMGE pending issuance of his NEET - UG (2019) score card and eligibility certificate.
4. 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 2025:KER:75515 W.P.(C) No.28412/2025 :5: (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".
5. 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.
6. 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 2025:KER:75515 W.P.(C) No.28412/2025 :6: person verification of their original credentials and FACE ID/ Biometric verification.
7. The 1st respondent-NTA filed a statement. The 1 st respondent submitted that as per the database available with the 1st respondent, the details of the petitioner having his application number and roll number are as given below:
Petitioner Anand
No.1 / Candidate's Name
NAME OF EXAM NEET UG 2019
Application No. 190410048740
Roll No. 280100380
Marks obtained 192 OUT OF TOTAL
MARKS OF 720
Physics Percentile 52.7929371
Chemistry Percentile 39.7274509
Biology Percentile 69.3483277
Total Percentile obtained 65.1940892
Category of the petitioner OBC
All India Rank 488957
OBC Category Rank 214830
Cut-off OBC Category Rank 133-107
Qualified or not Qualified Qualified 2025:KER:75515 W.P.(C) No.28412/2025 :7:
8. 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 petitioner also.
The writ petition is accordingly disposed of directing the 3rd 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/13.10.2025 2025:KER:75515 W.P.(C) No.28412/2025 :8: APPENDIX OF WP(C) 28412/2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE GAZETTE NOTIFICATION PUBLISHED BY THE MEDICAL COUNCIL OF INDIA DATED 01.03.2018 Exhibit P1a A TRUE COPY OF THE GAZETTE NOTIFICATION PUBLISHED BY THE MEDICAL COUNCIL OF INDIA DATED 01.03.2018 Exhibit P2 THE RELEVANT PAGES OF THE QUESTION BOOKLET WITH NO.6081680 ISSUED BY THE 1ST RESPONDENT, WHICH IS USED TO RETRIEVE THE SCORECARD OF THE CANDIDATE WHO APPEARED FOR THE NEET-UG 2019 EXAMINATION Exhibit P3 A TRUE COPY OF THE REPLY RECEIVED BY THE PETITIONER DATED 27.10.2024 Exhibit P4 A TRUE COPY OF THE RTI APPLICATION FILED BY THE PETITIONER Exhibit P5 A TRUE COPY OF THE REPLY TO THE RTI APPLICATION DATED 24.07.2025 Exhibit P6 A TRUE COPY OF THE COMMON ORDER PASSED BY THE HON'BLE HIGH COURT OF DELHI IN WP(C ) NO. 1390/2025 DATED 04.02.2025 Exhibit P7 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 Exhibit P8 TRUE COPY OF THE NOTIFICATION DATED 04/08/2025 ISSUED BY THE 3RD RESPONDENT Exhibit P9 TRUE COPY OF THE MEDICAL GRADUATION CERTIFICATE ISSUED BY THE NICOLAE TESTEMITANU STATE UNIVERSITY OF MEDICINE AND PHARMACY OF THE REPUBLIC OF MOLDOVA RESPONDENT'S ANNEXURES Annexure R1(a) True copy of the relevant portion of the prospectus of the NEET(UG) - 2019 Annexure R1(b) The copy of Public Notice/ Press Release dated 05.06.2019 2025:KER:75515 W.P.(C) No.28412/2025 :9: