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2025 Supreme(Online)(Ker) 47700

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
ANAND M @ MURALEEDHARAN ANAND – Appellant
Versus
NATIONAL TESTING AGENCY – Respondent
WP(C) NO. 28412 OF 2025



Advocates:
For the Appellants/Petitioners: R. RAHUL, SARITHA G. R., MEENAKSHY V. S., PREETHY K., SREEKRISHNADATH PANDARATHIL E. K.
For the Respondents: T. SANJAY, K. S. PRENJITH KUMAR, S. NIRMAL

The court affirms that eligibility for examination can be established without physical proof of prior qualifications if evidence exists to support the candidate's claims.

Headnote:The petitioner completed his MBBS from an overseas university and needs to qualify the Foreign Medical Graduate Examination (FMGE). He misplaced his NEET-UG score card, which is essential for FMGE registration. The court observed that similar cases were granted consideration without the score card. The court directed the 3rd respondent to accept the application based on the provided score details.

Table of Content
1. petitioner requires score card for fmge registration. (Para 1 , 2 , 3)
2. eligibility determination based on alternative documentation. (Para 4 , 5 , 6)
3. court decision on prior case applications for fmge. (Para 7)

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

The petitioner, who is an Indian citizen, completed his MBBS from Nicolae Testemitanu State University, Moldova. To practice in India, the petitioner has to qualify the Foreign Medical Graduate Examination (FMGE) conducted by the 3rd respondent-National Board of Examination.

2. The petitioner states that NEET – UG qualification is a mandatory qualification to appear for FMGE. The petitioner had appeared in NEET – UG (2019). However, he has misplaced his Score Card and is unable to retrieve the same. In spite of requests, the 1st respondent-National Testing Agency has refused to provide the Score Card stating that as per the data retention policy, they retain Score Cards only for 60/90 days.

3. The petitioner states that he possesses the roll number and application number as proof of having appeared and qualified in NEET – UG (2019). However, without the NEET Score Card, the petitioner will not be able to register for the FMGE scheduled in November, 2025. The petitioner therefore seeks to direct respondents 2 and 3 to allow the petitioner to submit his FMGE application and appear in the FMGE pending issuance of his NEET – UG (2019) score card and eligibility certificate.

4. The 3rd respondent-National Board of Examinations in Medical Sciences resisted the writ petition. The 3rd 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”.

5. 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.

6. 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.

7. The 1st respondent-NTA filed a statement. The 1st respondent submitted that as per the database available with the 1st respondent, the details of the petitioner having his application number and roll number are as given below:

Petitioner No.1 / Candidate’s Name Anand
NAME OF EXAM NEET UG 2019
Application No. 190410048740
Roll No. 280100380
Marks obtained 192 OUT OF TOTAL MARKS OF 720
Physics Percentile 52.7929371
Chemistry Percentile 39.7274509
Biology Percentile 69.3483277
Total Percentile obtained 65.1940892
Category of the petitioner OBC
All India Rank 488957
OBC Category Rank 214830
Cut-off OBC Category Rank 133-107
Qualified or not Qualified Qualified

8. 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 therein

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