JUDGMENT :

1. The present appeal has been filed under Clause X of the Letters Patent Act, 1865, read with Section 10 of the Delhi High Court Act, 1966, against the Judgment dated 05.07.2021 passed by this Court in W.P.(C) No. 918 of 2021 whereby the writ petition filed by the Respondent herein was allowed.

2. The facts, in brief, leading to the instant appeal are as under:

a) It is stated that the Screening Test Regulations, 2002, made by the Medical Council of India (now National Medical Commission) in exercise of its powers under Section 33 of the India Medical Council Act, 1956, instituted the Foreign Medical Graduate Examination (hereinafter referred to as the “FMGE”) Screening Test which must be taken by any Indian citizen/Overseas Citizen of India (OCI) who has been conferred a primary medical degree from a foreign medical institution, but wishes to be provisionally or permanently registered with the MCI or any State Medical Council on or after 15.03.2002. The FMGE is conducted by the Appellant herein - National Board of Examination (hereinafter referred to as the “NBE”).

b) On 04.12.2020, the NBE conducted the FMGE (Screening Test) December, 2020, which is a multiple-choice exam