Delhi High Court - Orders
Asif Kalam vs National Board Of Examination In ... on 16 May, 2025
$~114, 116, 117, 118, 119, 123, 126, 130 & 133
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6534/2025, CM APPL. 29720/2025 & CM APPL.
29721/2025
ASIF KALAM .....Petitioner
Through: Mr. Gautam Singh, Adv.
versus
NATIONAL BOARD OF EXAMINATION IN MEDICAL
SCIENCES & ORS. .....Respondents
Through: Mr. Waize Ali Noor, Mr. Mrinal
Kumar Sharma, Mr. Varun Rajawat
and Mr. Zillur Rahman, Advs. for R-
1.
Mr. T. Singhdev, Ms. Anum Hussain
and Mr. Sourabh Kumar, Advs. for R-
2/NMC
Mr. Jivesh Kumar Tiwari, SC for R-3.
116.
+ W.P.(C) 6537/2025, CM APPL. 29726/2025 & CM APPL.
29727/2025
POOJA GUPTA .....Petitioner
Through: Mr. Gautam Singh, Adv.
versus
NATIONAL BOARD OF EXAMINATION IN MEDICAL
SCIENCES & ORS. .....Respondents
Through: Mr. Waize Ali Noor, Mr. Mrinal
Kumar Sharma, Mr. Varun Rajawat
and Mr. Zillur Rahman, Advs. for R-
1.
Mr. T. Singhdev, Ms. Anum Hussain
and Mr. Sourabh Kumar, Advs. for R-
2/NMC
Mr. Mukul Singh, CGSC with Ms. Ira
Singh and Mr. Aryan Dhaka, Advs.
for R-3.
Mr. Vinay Yadav, SPC with Mr.
Ansh Kalra, Mr. Divyanshu Sinha,
Ms. Kamna Behrani, Advs. for R-3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 29/06/2025 at 18:47:42
117.
+ W.P.(C) 6538/2025, CM APPL. 29728/2025 & CM APPL.
29729/2025
MOHAMMAD ARIF .....Petitioner
Through: Mr. Gautam Singh, Adv.
versus
NATIONAL BOARD OF EXAMINATION IN MEDICAL
SCIENCES & ORS. .....Respondents
Through: Mr. Waize Ali Noor, Mr. Mrinal
Kumar Sharma, Mr. Varun Rajawat
and Mr. Zillur Rahman, Advs. for R-
1.
Mr. T. Singhdev, Ms. Anum Hussain
and Mr. Sourabh Kumar, Advs. for R-
2/NMC
Mr. Harsh Kumar, SPC for R-3/UOI.
Mr. Mukul Singh, CGSC with Ms. Ira
Singh and Mr. Aryan Dhaka, Advs.
for R-3.
Mr. Vinay Yadav, SPC with Mr.
Ansh Kalra, Mr. Divyanshu Sinha,
Ms. Kamna Behrani, Advs. for R-3
118.
+ W.P.(C) 6539/2025, CM APPL. 29730/2025 & CM APPL.
29731/2025
PANKAJ SHARMA
.....Petitioner
Through: Mr. Gautam Singh, Adv.
versus
NATIONAL BOARD OF EXAMINATION IN MEDICAL & ORS.
.....Respondent
Through: Mr. Waize Ali Noor, Mr. Mrinal
Kumar Sharma, Mr. Varun Rajawat
and Mr. Zillur Rahman, Advs. for R-
1.
Mr. T. Singhdev, Ms. Anum Hussain
and Mr. Sourabh Kumar, Advs. for R-
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 29/06/2025 at 18:47:42
2/NMC
Mr. Sahil Munjal, SPC with Ms. Rhea
Gandhi, Adv. for R-3.
Mr. Mukul Singh, CGSC with Ms. Ira
Singh and Mr. Aryan Dhaka, Advs.
for R-3.
Mr. Vinay Yadav, SPC with Mr.
Ansh Kalra, Mr. Divyanshu Sinha,
Ms. Kamna Behrani, Advs. for R-3.
119.
+ W.P.(C) 6554/2025, CM APPL. 29750/2025 & CM APPL.
29751/2025
AJAY SAMDHAN RITHE .....Petitioner
Through: Mr. Gautam Singh, Adv.
versus
NATIONAL BOARD OF EXAMINATION IN MEDICAL
SCIENCES & ORS. .....Respondents
Through: Mr. Waize Ali Noor, Mr. Mrinal
Kumar Sharma, Mr. Varun Rajawat
and Mr. Zillur Rahman, Advs. for R-
1.
Mr. T. Singhdev, Ms. Anum Hussain
and Mr. Sourabh Kumar, Advs. for R-
2/NMC
Mr. Jivesh Kumar Tiwari, SC for R-3.
Mr. P.S. Singh, CGSC for UOI.
123.
+ W.P.(C) 6586/2025, CM APPL. 29825/2025 & CM APPL.
29826/2025
SHUBHAM BHARAT BHOYAR .....Petitioner
Through: Mr. Gautam Singh, Adv.
versus
NATIONAL BOARD OF EXAMINATION IN MEDICAL
SCIENCES & ORS. .....Respondents
Through: Mr. Waize Ali Noor, Mr. Mrinal
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 29/06/2025 at 18:47:42
Kumar Sharma, Mr. Varun Rajawat
and Mr. Zillur Rahman, Advs. for R-
1.
Ms. Manisha Agarwal Narain, CGSC
with Mr. Nipun Jain, Adv. for R-1
and R-3.
Mr. T. Singhdev, Ms. Anum Hussain
and Mr. Sourabh Kumar, Advs. for R-
2/NMC
Mr. Mukul Singh, CGSC with Ms. Ira
Singh and Mr. Aryan Dhaka, Advs.
for R-3.
Mr. Vinay Yadav, SPC with Mr.
Ansh Kalra, Mr. Divyanshu Sinha,
Ms. Kamna Behrani, Advs. for R-3.
126.
+ W.P.(C) 6600/2025, CM APPL. 30057/2025 & CM APPL.
30058/2025
ROHILA ASLAM .....Petitioner
Through: Mr. Gautam Singh, Adv.
versus
NATIONAL BOARD OF EXAMINATION IN MEDICAL
SCIENCES & ORS. .....Respondents
Through: Mr. Waize Ali Noor, Mr. Mrinal
Kumar Sharma, Mr. Varun Rajawat
and Mr. Zillur Rahman, Advs. for R-
1.
Ms. Manisha Agarwal Narain, CGSC
with Mr. Nipun Jain, Adv. for R-1
and R-3
Mr. T. Singhdev, Ms. Anum Hussain
and Mr. Sourabh Kumar, Advs. for R-
2/NMC
Mr. Mukul Singh, CGSC with Ms. Ira
Singh and Mr. Aryan Dhaka, Advs.
for R-3.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 29/06/2025 at 18:47:42
Mr. Vinay Yadav, SPC with Mr.
Ansh Kalra, Mr. Divyanshu Sinha,
Ms. Kamna Behrani, Advs. for R-3
130.
+ W.P.(C) 6613/2025, CM APPL. 30079/2025 & CM APPL.
30080/2025
DIVYA KULHAR .....Petitioner
Through: Mr. Gautam Singh, Adv.
versus
NATIONAL BOARD OF EXAMINATION IN MEDICAL
SCIENCES & ORS. .....Respondents
Through: Mr. Waize Ali Noor, Mr. Mrinal
Kumar Sharma, Mr. Varun Rajawat
and Mr. Zillur Rahman, Advs. for R-
1.
Ms. Manisha Agarwal Narain, CGSC
with Mr. Nipun Jain, Adv. for R-1
and R-3.
Mr. T. Singhdev, Ms. Anum Hussain
and Mr. Sourabh Kumar, Advs. for R-
2/NMC
Mr. Mukul Singh, CGSC with Ms. Ira
Singh, Mr. Jaswinder Singh, and Mr.
Aryan Dhaka, Advs. for R-3.
Mr. Vinay Yadav, SPC with Mr.
Ansh Kalra, Mr. Divyanshu Sinha,
Ms. Kamna Behrani, Advs. for R-3.
133.
+ W.P.(C) 6632/2025, CM APPL. 30115/2025 & CM APPL.
30116/2025
ANKIT CHANDEL .....Petitioner
Through: Mr. Gautam Singh, Adv.
versus
NATIONAL BOARD OF EXAMINATION IN MEDICAL
SCIENCES & ORS. .....Respondents
Through: Mr. Waize Ali Noor, Mr. Mrinal
Kumar Sharma, Mr. Varun Rajawat
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 29/06/2025 at 18:47:42
and Mr. Zillur Rahman, Advs. for R-
1.
Mr. Jitesh Vikram Srivastava, SPC
with Mr. Dipanshu Sharma, Adv. for
UOI.
Mr. T. Singhdev, Ms. Anum Hussain
and Mr. Sourabh Kumar, Advs. for R-
2/NMC
Mr. Jivesh Kumar Tiwari, SC with
Mr. Ashish Rawat, GP for R-3/UOI.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 16.05.2025
1. A batch of matters have been filed seeking identical relief.
2. The prayer in one of writ petition i.e. W.P.(C) 6534/2025 reads thus:
"a. Issue writ of mandamus directing Respondent No.1 and Respondent No.2 to acknowledge: the Primary Medical Qualification conferred by NTMC, FSM ; the attestation done by the Consul, Consulate General of India, San Francisco, State of California, USA on 25th June 2024 and apostille done by Mr. Lane Elliott, Notary Public, State of California on 24th June 2024.
b. Issue writ of mandamus: directing Respondent No.1, to consider the candidature of petitioner, in forthcoming FMG Examination Session June 2025 and thereafter.
c. Grant liberty to file additional document/s, till the adjudication of, ongoing writ petition, before this Hon'ble court."
3. The case of the petitioners in the present petition is that they were all medical students studying in different universities of Ukraine, Kyrgyzstan, Georgia and Belarus. However, when the war broke between Russia and This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 18:47:42 Ukraine in February, 2022, the petitioners moved to universities of other countries for completing their course.
4. The grievance articulated by the petitioners is that after having completed their respective courses from different universities to which they moved from their respective universities in the wake of war between Russia and Ukraine, they had applied for taking Foreign Medical Graduate Examination (FMGE), for which primary medical qualification is an essential requirement.
5. In case of foreign students, they have to get their degrees, apostilled in terms of the Hague Convention, 1961 either from the concerned country or from the Indian Embassy in the concerned country.
6. Mr. Gautam Singh, learned counsel appearing on behalf of the petitioners submits that the petitioners after having moved from their respective universities had completed their primary medical education course from New Tokyo Medical College (NTMC), Micronasia.
7. He submits that the petitioners got their degrees apostilled from the Counsulate General of India at San Franciso. However, the same has not been accepted by the respondent no.1 (NBE), the body which conducts FMGE.
8. Thereafter, some of the petitioners moved to Central America Health Sciences University, Belize and obtained a degree from the said university. Mr. Gautam Singh submits that even the said degree has not been accepted by NBE.
9. He further submits that number of Indian students who were evacuated from Ukraine on account of war and completed their courses from other universities have been so permitted by the respondent no.1/NBE to This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 18:47:42 take FMGE.
10. In view of the above, issue notice. Mr. Waize Ali Noor, the learned counsel appearing on behalf of the respondent no. 1 accepts notice.
11. Likewise, the counsels named above accepts notice on behalf of other respondents.
12. Mr. Noor points out to the Advisory issued by the Indian Embassy at Manila to contend that the degree issued by NTMC, Micronesia has rightly not been accepted as Federal State of Micronesia is not included in the list of countries under Academic Mobility Program which was permitted by the National Medical Commission in view of the war between Russia and Ukraine.
13. He further invites attention of the Court to the public notices issued by the National Medical Commission to submit that even if the students had moved to other universities outside Ukraine, Kyrgyzstan and other affected countries, still the degree will be awarded by the parent University.
14. Further, referring to notice dated 15.09.2022, he submits that a clarification was issued by National Medical Council stating that the students affected by war can be temporary relocated to other universities in the countries mentioned therein. He submits that the name of Micronesia does not find mention in the said notice.
15. Let counter be filed within a period of four weeks.
16. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
17. Re-notify on 04.08.2025.
VIKAS MAHAJAN, J MAY 16, 2025/N.S. ASWAL This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 18:47:42