The court cannot substitute its own views as to what is wise, prudent, and proper in relation to academic matters in preference to those formulated by professional men possessing technical expertise and rich experience of actual day-to-day working of educational institutions and the departments controlling them.

Headnote:
MEDICAL EDUCATION - FOREIGN MEDICAL GRADUATE EXAMINATION - ELIGIBILITY - [The court held that the petitioners were eligible to appear in the Foreign Medical Graduate Examination, despite their failure to produce an apostilled copy of their Foreign Degree in time, due to the delay in issuing the original Degree Certificate by the Foreign University as a result of the Covid-19 pandemic.]
Fact of the Case:

The petitioners, who had completed the “Bachelor of Science Doctor of Medicine” (BSC MD) Course from Our Lady of Fatima University, Valenzuela, Manila, and were issued “Doctor of Medicine Degree” by the University, applied to appear in the Examination for Foreign Medical Graduates conducted by the National Board of Examinations for Foreign Medical Graduates. Though the petitioners submitted all documents in proof of their successful completion of BSC MD Course from the foreign University, they were required to produce a scanned copy of the Original Medical Qualification Certificate apostilled/attested by the Indian Embassy. The petitioners approached the Indian Embassy in Manila to issue an apostilled Certificate before 30.11.2021 so that the same can be produced before the respondent in time. However, the Ministry of Foreign Affairs, Manila informed that the Certification would be made available only on 09.12.2021. Though the petitioners took all efforts to get the Certificate apostilled before the stipulated date, they were informed that due to Covid-19 restrictions, the Ministry of Foreign Affairs will issue the document only on 09.12.2021. The last date for submission of application/documents to the respondent was 30.11.2021.
Finding of the Court:

The court found that the petitioners were eligible to appear in the Foreign Medical Graduate Examination subject to production of documents. The petitioners produced all requisite documents along with the application. They could not produce an apostilled copy of the Foreign Degree in time, not because of their fault, but due to the delay in issuing the original Degree Certificate by the Foreign University. It is not disputed that such delay is resultant of Covid-19 pandemic. In the circumstances of these cases, the court held that it would not only be harsh but would also be arbitrary, to deny them the opportunity to appear in the Examination in view of the fact that their failure to produce the apostilled copy of Foreign Degree is solely due to the Covid-19 pandemic subsisting across the world.
Issues: Whether the petitioners were eligible to appear in the Foreign Medical Graduate Examination despite their failure to produce an apostilled copy of their Foreign Degree in time due to the delay in issuing the original Degree Certificate by the Foreign University as a result of the Covid-19 pandemic.
Ratio Decidendi: The court relied on the principle that academic requirements cannot be watered down, but also considered the peculiar circumstances of the case, where the petitioners' failure to produce the apostilled copy of Foreign Degree was solely due to the Covid-19 pandemic. The court held that in such circumstances, it would be harsh and arbitrary to deny the petitioners the opportunity to appear in the Examination.
Final Decision: The court disposed of the writ petitions confirming the interim orders passed in the writ petitions and declaring that the petitioners should be treated as having duly appeared in the Foreign Medical Graduate Examination, December-2021 conducted by the respondent.

J U D G M E N T

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The petitioners in these three writ petitions underwent “Bachelor of Science Doctor of Medicine” (BSC MD) Course from Our Lady of Fatima University, Valenzuela, Manila. On successful completion of the Course, the petitioners were issued “Doctor of Medicine Degree” by the University. To practice Medicine in India, the petitioners have to clear an examination conducted by the National Board of Examinations for Foreign Medical Graduates.

2. The petitioners submitted applications for appearing in the Examination for Foreign Medical Graduates in the month of October, 2021. Though the petitioners submitted all documents in proof of their successful completion of BSC MD Course from the foreign University, the petitioners were required to produce scanned copy of the Original Medical Qualification Certificate apostilled/attested by the Indian Embassy. The petitioners approached the Indian Embassy in Manila to issue apostilled Certificate before 30.11.2021 so that the same can be produced before the respondent in time.

3. By Ext.P3, the Ministry of Foreign Affairs, Manila informed that the Certification would be made available only on 09.12.2021. Though the petitioners took all efforts to get the Certificate apostilled before the stipulated date, they were informed that due to Covid-19 restrictions, the Ministry of Foreign Affairs will issue the document only on 09.12.2021. The last date for submission of application/documents to the respondent was 30.11.2021.

4. The petitioners therefore approached this Court filing these writ petitions. The petitioners submitted that they will be able to produce the said document on 15.12.2021. Taking into account the afore fact situation, this Court passed interim orders in these writ petitions directing the respondent to issue Admit Card to the petitioners provisionally on condition that the petitioners produce attested copies of Degree Certificate. This Court, in the interim orders, made it clear that the participation of the petitioners in the Examination will be subject to the outcome of these writ petitions.

5. When these writ petitions came up for hearing today, the petitioners submitted that they were permitted to appear in the Examination pursuant to the interim orders of this Court and subsequently, the petitioners produced the requisite original Foreign Medical qualification Certificate apostilled/attested by Indian Embassy before the respondent.

6. The respondent resisted the writ petitions filing counter affidavits. The respondent urged that candidates who fail to submit the documents as prescribed in the Information Bulletin for FMGE will not be allowed to appear in the Examination and would be declared ineligible to appear. The learned Assistant Solicitor General of India, relying on the Information Bulletin of the Foreign Medical Graduate Examination, pointed out that the Foreign Medical Degree should be attested either by the Embassy of India or should be apostilled by the appropriate authority of the foreign country concerned. The provision cannot be watered down.

7. Relying on the judgment of the Hon’ble Apex Court in Maharashtra State Board of Secondary and Higher Secondary Education and others v. Paritosh Bhupeshkumar Sheth and others [AIR 1984 SC 1543], the ASGI argued that the Court should be extremely reluctant to substitute its own views as to what is wise, prudent and proper in relation to academic matters in preference to those formulated by professional men possessing technical expertise and rich experience of actual day-to-day working of educational institutions and the departments controlling them. It will be wholly wrong for the court to make a pedantic and purely idealistic approach to the problems of this nature, isolated from the actual realities and grass root problems involved in the working of the system and unmindful of the consequences which would emanate if a purely idealistic view as opposed to a pragmatic one were to be propounde

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