Kerala High Court
Shahraza vs National Board Of Examinations In ... on 23 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:70247
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. 24458 OF 2025
PETITIONERS:
1 SHAHRAZA
AGED 24 YEARS
AT STREET NO. 31, MATTOOL,
NEAR THANGALA JUMA MASJID, KANNUR,
KERALA, PIN - 670302
2 KHADEEJA SHAJAHAN
AGED 24 YEARS
VIJAYAMANGALATHU, VADAKKUMTHALA P.O,
KARUNAGAPALLY, KERALA, PIN - 690536
3 NIMMI SUNIL
AGED 24 YEARS
KANAKAKUNNIL, CHERIAZHEEKAL P.O,
KARUNAGAPALLY, KERALA, PIN - 690573
BY ADVS.
SHRI.JAVAD MOIDU
SHRI.AMAL BABY
RESPONDENTS:
1 NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES
REPRESENTED BY ITS DIRECTOR, NAMS BUILDING,
MEDICAL ENCLAVE, ANSARI NAGAR, MAHATMA GANDHI MARG,
NEW DELHI, PIN - 110029
2 NATIONAL TESTING AGENCY
REPRESENTED BY ITS DIRECTOR, FIRST FLOOR, NSIC-MDBP
2025:KER:70247
W.P.(C) No.24458/2025
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BUILDING, OKHLA INDUSTRIAL ESTATE,
NEW DELHI, PIN - 110020
3 NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY, POCKET-14,
SECTOR-8, DWARKA, NEW DELHI, PIN - 110077
BY ADVS.
SRI.T.SANJAY,SC,HINDUSTAN STEELWORKS
CONSTRUCTION LIMITED
SHRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL
COMMISSION
SRI.T. SANJAY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.24458/2025
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N. NAGARESH, J.
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W.P.(C) No.24458 of 2025
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Dated this the 23rd day of September, 2025
JUDGMENT
~~~~~~~~~ The petitioners are candidates, who are nearing the completion of their MBBS equivalent Degrees from Foreign Universities. 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 (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 2025:KER:70247 W.P.(C) No.24458/2025 :4: score cards, they were informed that the score cards are not available. 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".
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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 2025:KER:70247 W.P.(C) No.24458/2025 :6: given below:
Petitioner Shahraza
No.1 / Candidate's Name
NAME OF EXAM NEET UG 2021
Application No. 210410553899
Roll No. 2804032104
Marks obtained 125 OUT OF TOTAL
MARKS OF 720
Percentile obtained 46.0751434
Category of the petitioner OBC (NCL)
CUT-OFF MARKS FOR OBC (NCL) 137-108 All India Rank 826085 OBC (NCL) Category 353684 Petitioner Khadeeja Shahjahan No.2 / Candidate's Name NAME OF EXAM NEET UG 2021 Application No. 210410991224 Roll No. 2806010324 Marks obtained 358 OUT OF TOTAL MARKS OF 720 Percentile obtained 83.7234738 Category of the petitioner OBC (NCL) CUT-OFF MARKS FOR OBC (NCL) 137-108 All India Rank 250940 OBC (NCL) Category 109022 2025:KER:70247 W.P.(C) No.24458/2025 :7: Petitioner Nimmi Sunil No.3 / Candidate's Name NAME OF EXAM NEET UG 2020 Application No. 200410034640 Roll No. 2806012123 Marks obtained 141 OUT OF TOTAL MARKS OF 720 Percentile obtained 48.5520000 Category of the petitioner OBC (NCL) CUT-OFF MARKS FOR OBC (NCL) 133-107 All India Rank 701864 OBC (NCL) Category 306595
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 2025:KER:70247 W.P.(C) No.24458/2025 :8: petitioners for appearing in the FMGE, based on the score details given by the 2nd respondent-NTA hereinabove.
Sd/-
N. NAGARESH, JUDGE aks/17.09.2025 2025:KER:70247 W.P.(C) No.24458/2025 :9: APPENDIX OF WP(C) 24458/2025 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE MCI NOTIFICATION DATED 01.03.2018 Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 27.12.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P3 THE TRUE COPY OF THE FMEG INFORMATION BULLETIN DECEMBER 2024 DATED NIL Exhibit P4 THE COPY OF SCREENSHOT OF THE REPLY MAIL FROM THE 2ND RESPONDENT DATED 08.01.2025 Exhibit P5 A TRUE PHOTO COPY OF THE ORDER DATED 09.01.2025 PASSED BY THE HON'BLE HIGH COURT OF DELHI IN W.P. (C) NO. 17780/ 2024 TITLED AS SHIKHA PATEL & ORS. VS. NBEMS & ORS.
RESPONDENT'S ANNEXURES Annexure R2(a) True copy of the relevant portion of the prospectus of the NEET(UG) - 2021 Annexure R2 (b) The copy of Public Notice/ Press Release dated 17.10.2020 Annexure R2(c) The copy of Public Notice/ Press Release dated 01.11.2021