2026:CGHC:21137-DB NAFR DMAA iOg D iHt I a LAl MK y HMsi A gEN nDed by D20a:t1e0: :23092 +6.00553.104 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 138 of 2026

1 - Smriti Pandey D/o Shri Suresh Pandey, Aged About 25 Years, R/o MIG -1-114, Maharana Pratap Nagar, Po- Korba, District : Korba, Chhattisgarh ... Petitioner versus

1 - Union of India Ministry of Health and Family Welfare, Through- ITS Secretary / Authorized Representatives, “A” Wing, Nirman Bhawan, New Delhi- 110011

2 - National Medical Commission Through- ITS Chairman / Authorized Representatives, Pocket-14, Sector-8, Dwarka, Phase-1, New Delhi-

110077

3 - National Board of Examination in Medical Sciences Through- ITS President / Authorized Representatives, Medical Enclave, M.G. Marg, Ansari Nagar Ring Road, New Delhi- 110029 ... Respondents (Cause title taken from Case Information System)

For Petitioner : Mr. T.K. Jha, Advocate.

For Respondent : Mr. R.S. Marhas and Ms. Shriya Jaiswal, No.2 Advocates.

Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, C.J .

06-05-2026

1. The present petition has been filed by the writ petitioner under Ar-

ticle 226 of the Constitution of India claiming the following relief(s):-

“10.1 Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case.

10.2 The Hon'ble Court may kindly be pleased to allow this petition and declare the provisions mandatorily requiring 50% aggregate marks in Physics, Chemistry and Biology at 10+2 level for issuance of eligible certificate for appearing in screening test to Medical Graduates from foreign country recognized by Medical Council of India, as provided in Chapter II clause 5(5) of Graduate Medical Regulation, 1997, and sub clause 2(A) of clause 4 of Screening Test Regulation 2002, set aside as ultra vires of IMC Act, 1956 is arbitrary and violative of Article 14 of Constitution of India, and set aside the communication dt. 4.12.2025, in the interest of Justice or alternatively.

10.3 That Hon'ble Court may kindly be pleased to allow the petition and with magnanimity direct the respondents to round off 49.67 marks as 50% marks at 10+2 level in PCB to enable her to appear in screening test as an exceptional case, in the interest of justice.

10.4 Any other relief which the Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be provided to the petitioner. An Affidavit in support of this writ petition is filed herewith.”

2. Brief facts of the case are that, the petitioner has acquired intermediate examination (science faculty 10+2) from C.G. Board of Secondary Education in the year 2017 and secured total aggregate marks of 49.67% in Physics, Chemistry, Biology and English subjects. In the same year she joined her MBBS course from international Higher School of Medicine Kyrgyzstan which is one of the recognized institution for medical education by the national Board of Examination New Delhi. Till 2017, though to pursue of the medical education for MBBS course from foreign institutions, qualifying NEET examination was not mandatory for the students and the same was made mandatory from the year 2018. Since the petitioner started pursuing her MBBS course from Kyrgyzstan, from the year 2017, she completed her MBBS course from the International Higher School of Medicine Kyrgyzstan in the year 2022 and awarded graduation certificate with 73% of aggregate marks. When she applied for eligibility certificate and screening test conducted by the National Board of Examination new Delhi, by the communication dated 04-12-2025 she was informed that she is not eligible to appear in the screening test for the reason that she has not secured 50% aggregate marks in Physics, Chemistry and Biology in Class 12^th in General category which is required under Clause 5(v) of Chapter II of Graduate Medical Education Regulation 1997 and has rejected her application. It is also the case of the petitioner that by the circ