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2025 Supreme(Online)(Ker) 47009

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
ARYA GANGA B., ALIYA A VAHAB, HIND SATHAR M., SHREDHA SHIBU – Appellant
Versus
NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES – Respondent
WP(C) NO. 29680 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.VIMAL VIJAY, SHRI.REBIN VINCENT GRALAN, SHRI.DINESH G WARRIER
For the Respondents: SHRI.T.SANJAY, SC, NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES (NBEMS), SHRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL COMMISSION, ADV.SRI.NIRMAL S., SC

The court affirmed the authority to consider NEET-UG score data in lieu of score cards for FMGE eligibility under specific conditions.

Headnote:The petitioners, foreign MBBS graduates, sought NEET-UG score cards from the National Testing Agency for FMGE eligibility. Despite successfully scoring, they could not access their score cards. The court concluded that the National Board of Examinations in Medical Sciences must consider their applications based on the available score data, reiterating that similar relief had been granted in a precedent case. This was contingent on satisfying other legal prerequisites.

Table of Content
1. eligibility for fmge (Para 1 , 2)
2. score card retrieval and reliance on available data (Para 3 , 4 , 5)

JUDGMENT

Dated this the 10th day of October, 2025 The petitioners are candidates, who have successfully completed their MBBS from OSH State Medical University College, Kyrgystan in the year 2025. To practice medicine in India with foreign MBBS Degrees, they have to appear for FMG Examination. Passing NEET-UG Examination is mandatory to write FMGE. The petitioners state that they have appeared in NEET-UG (2019/2020/2021) Examinations. Though the petitioners scored satisfactorily, they could not download the score cards.

2. When the petitioners approached the 2nd respondent-National Testing Agency seeking issuance of score cards, they were informed that the score cards are not available.

The petitioners state that the 2nd respondent-NTA has all the details of the petitioners who appeared in NEET-UG. Therefore, the 2nd respondent is compellable to provide NEET-UG score card / mark card to the petitioners.

3. The 1st respondent-National Board of Examinations in Medical Sciences resisted the writ petition. The 1st respondent stated that in terms of Clause 4.11 of the Information Bulletin of FMGE December 2025, “Pursuant to the recommendations of the NMC vide its letter No.NMC/MCI- 34(41)(Gen)/2020-21-Med/002815 dated 22.01.2021 and approval of the Ministry of Health and Family Welfare (MoHFW), Government of India vide its letter No.V.11025/02/2021-MEP dated 09.03.2021, only eligible candidates will be allowed to appear in the FMGE who have both the Eligibility Certificate (if applicable) and the Provisional Pass Certificate / Degree Certificate of Primary Medical Qualification”.

4. Clause 8.14.6. of the Information Bulletin of FMGE December 2025 provides as follows:

Eligibility Certificate (EC): You shall be asked to provide status of issuance of EC to you by MCI/NMC. If EC is applicable in your case, you shall be required to upload the same under document upload section. If you took admission during the period when obtaining EC from MCI was not required / was exempted by the Government of India, you shall be required to upload a copy of admission letter confirming the exact date of admission to the primary medical qualification in lieu of EC. You shall be required to upload the Score Card for qualifying NEET-UG in lieu of EC if admission in Primary Medical Qualification has been obtained on or after May, 2018.

5. The role of NBEMS is limited only to the conduct of FMG Examination as per Screening Test Regulations 2002 and issue Pass Certificates to qualified candidates after in person verification of their original credentials and FACE ID/

Biometric verification.

6. The 2nd respondent-NTA filed a statement. The

2nd respondent submitted that as per the database available with the 2nd respondent, the details of the petitioners having their application numbers and roll numbers are as given below:

Petitioner No.1 / Candidate No.1 Arya Ganga B
NAME OF EXAM NEET UG 2020
Application No. 200411496076
Roll No. 280602221
Marks obtained 266 OUT OF TOTAL MARKS OF 720
Physics Percentile 48.0442857
Chemistry Percentile 79.9805844
Biology Percentile 69.1564315
Total Percentile obtained 71.9228234
Category of the petitioner OBC (NCL)
All India Rank 383198
OBC Category Rank 6167052
CUT-OFF OBC Category Rank 146-113
Qualified or not Qualified Qualified
Physics Percentile 13.6413704
Chemistry Percentile 19.9181103
Biology Percentile 50.3006917
Total Percentile obtained 42.3204964
Category of the petitioner OBC (NCL)
All India Rank 886549
OBC Category Rank 380170
CUT-OFF OBC Category Rank 137-108
Qualified or not Qualified Qualified
OBC Category Rank 303420
CUT-OFF OBC Category Rank 133-107
Qualified or not Qualified Qualified

7. In similar circumstances, in W.P.(C)

No.23053/2024, this Court directed the respondents to take a decision on the application of the petitioner th

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