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2025 Supreme(Kar) 1274
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R. DEVDAS, J.
Ms. Srusti Bommanahalli Rajanna – Petitioner
Versus
National Board Of Examinations In Medical Sciences, rep. By Assistant Director and Ors. – Respondents
Writ Petition No.5785 of 2025 (EDN-RES)
Decided On : 04-09-2025
For the Petitioner:Smt. Vidyashree K. S., Advocate
For the Respondents:Sri. D. Aswathappa, Advocate, Sri. Doreraju, Advocate.
Completion of the full six-year medical program, including clinical training, is mandatory for provisional registration under the Indian Medical Council Act.
Headnote:(A) Indian Medical Council Act, 1956 - Section 25 - Foreign Medical Graduate Examination - Petition challenging cancellation of candidature due to incomplete graduation - Respondents held that petitioner did not complete the required six-year program, including mandatory clinical training during the final year. (Paras 2, 5, 8)
(B) Provisional Registration - Requirements for certification as a medical graduate - Court emphasized the necessity of completing the full course, including both theoretical and practical training, for registration. (Paras 5, 8)
Facts of the case:
The petitioner completed five years of an MD program but had not finalized required clinical subjects in the sixth year. After attempting to register for the FMGE with a provisional certificate, the Board revoked the application citing incomplete education.
Findings of Court:
No infirmity found in the Board's cancellation of candidature as the petitioner had not fully met educational requirements. Petitioner appealed for leniency regarding additional internship requirements, which the Court directed to be considered.
Issues: Whether the completion of a five-year program suffices for examination eligibility under the current regulations.
Ratio Decidendi: The court upheld that completion of six years is essential, including practical training, underscoring the importance of adherence to program length for medical qualification.
Result: Writ petition disposed with a request for leniency regarding internship requirements contingent upon future examination success.
| Table of Content |
|---|
| 1. cancellation of candidature due to incomplete course. (Para 1 , 2) |
| 2. petitioner contends no intention to mislead. (Para 3) |
| 3. clarification on program structure from university. (Para 4) |
| 4. apex court ruling on provisional registration. (Para 5) |
| 5. petitioner successfully completed examinations. (Para 6 , 7) |
| 6. court finds no infirmity in board's decision. (Para 8) |
| 7. request for leniency granted by court. (Para 9 , 10) |
ORDER :
R. DEVDAS, J.
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 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, 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 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 Medic
