IMPORTANT POINT
The court established that strict adherence to examination protocols and document requirements is essential for maintaining the integrity of the examination process, and failure to comply with such requirements can result in disqualification from the examination.

JUDGMENT/ORDER

RAVINDRA V.GHUGE, J. - Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The Petitioner has put forth prayer clauses (B) and (C) as under:-

"(B) By issuing appropriate writ, order direction in the nature of writ, kindly direct the respondent No.2 to conduct the examination of the petitioner i.e. National Eligibility Cum Entrance Test-Super speciality 2023.

(C) Pending hearing and final disposal of this writ petition, the respondent No.2 may kindly be restrained from declaring the result of examination i.e. National Eligibility Cum Entrance Test-Super speciality 2023."

3. The Petitioner has averred that he has acquired the qualification of M.D. (Medicine) from the Grant Medical College, Mumbai. He commenced his medical practice in Latur and is a well known medical practitioner in that town. He applied for the D.M. (Doctor of Medicine) entrance exam in 2022. He has succeeded in the said entrance test for a super speciality post for the year 2022. He was not comfortable in joining the college that was allotted to him and, therefore, he decided not to join the said college and re-appear for the same examination in 2023.

4. It is undisputed that the Petitioner applied online for the National Board of Examinations in Medical Sciences for the D. M. entrance exam. The documents that he uploaded on the website consist of a captured photo, an uploaded photo, his digital signature, the left hand thumb impression, proof of NMC/SMC/Medical Council Registration Certificate. On uploading the appropriate information, he was issued with the National Eligibility Cum Entrance Test admit card. The examination was scheduled on 29/9/2023 at iON Digital Zone, iDZ LB Nagar, which is in Ranga Reddy, Hyderabad, State of Telangana. The reporting time at the examination centre was 7.00 a.m. The entrance gate was to be closed at 8.30 a.m. The examination was to commence at 9.00 a.m. and was to conclude at 11.30 a.m.

5. It is contended that the Petitioner reported for the examination at the exam center. While seeking an entry into the exam hall, it was noticed that he was not carrying the permanent registration certificate, issued by the Medical Council. It is contended that he requested the authorities to allow him to enter the examination hall only on the strength of the admit card. The examination authorities demanded the copy of the registration certificate, citing the instructions mentioned on the admit card. The Petitioner is said to have conveyed to them that he can show the soft copy of his Medical Council registration certificate as he carried the photograph of the said certificate in his mobile phone. Since such devices were not permitted to be carried by a candidate to the examination hall, he went back to the parking lot and collected the cell phone and came back to the examination hall. However, as he was late and as the cellular phone device was not permitted to be brought into the exam centre, the authorities insisted that he should produce the certificate of registration with the Medical Council. For this reason, the Petitioner was late and was disallowed from appearing for the examination.

6. The strenuous contention of the learned Advocate for the Petitioner can be summarised as under:-

(a) The Petitioner had successfully uploaded the material details required for the acceptance of the examination form.

(b) The relevant documents were considered while approving the examination form and while issuing the admit card to the satisfaction of the authorities. The proof of his registration with a medical council was also uploaded as a document.

(c) Based on the above, the Petitioner was issued with an admit card.

(d) Once a candidate has an admit card, the authorities should not insist on production of any other document.

(e) It is the lapse on the part of the examination authorities in not allowing the Petitioner to appear for the exam and, therefore, the concerned authorities should be directed to