Mr.D.K.Devesh, Advocate v. NATIONAL BOARD OF EXAMINATION IN MEDICAL SCIENCE AND ORS

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17780/2024 SHIKHA PATEL AND ORS .....Petitioners Through: Mr.D.K.Devesh, Advocate versus NATIONAL BOARD OF EXAMINATION IN MEDICAL SCIENCE AND ORS .....Respondents Through: Mr.Waize Ali Noor, Mr.Mrinal Kumar and Mr.Zillur Rahman, Advocates for R-1 Mr.Sanjay Khanna, Ms.Pragya Bhushan, Mr.Tarandeep Singh and Mr.Vilakshana Dayma, Advocates for R-2/NTA Mr.T.Singhdev, Ms.Anum Hussain, Mr.Saurabh Kumar, Mr.Abhijit Chakravarty and Ms.Yamini Singh, Advocates for R-3/NMC CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA O R D E R % 09.01.2025 CM APPL. 75711/2024 (Exemption) Exemption allowed subject to just exceptions. The application stands disposed of. W.P.(C) 17780/2024 & CM APPL. 75710/2024 (Stay) 1. The instant writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioners seeking the following reliefs:- “a. Issue writ of certiorari or any other appropriate writ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:25:19 order, direction quashing the letter/ communication dated 16.12.2024 to petitioner No. 1, letter dated 19.12.2024 to petitioner No. 2, letter dated 18.12.2024 to petitioner No. 3, letter dated 17.12.2024 to the petitioner No. 4, letter dated 18.12.2024 to the petitioner No. 5, letter dated 18.12.2024 to the petitioner No. 6 and letter dated 19.12.2024 to the petitioner No. 7 and action enumerated from the said letters issued by National Board of Examination in Medical Science; and/or b. Issue writ of mandamus or any other appropriate writ, order or direction, directing the NBEMS (Respondent No. 1) and NMC (Respondent No. 3) to register the application of the petitioners by ignoring the communication dated 16.12.2024 to petitioner No. 1, letter dated 19.12.2024 to petitioner No. 2, letter dated 18.12.2024 to petitioner No. 3, letter dated 17.12.2024 to the petitioner No. 4, letter dated 18.12.2024 to the petitioner No. 5, letter dated 18.12.2024 to the petitioner No. 6 and letter dated 19.12.2024 to the petitioner No. 7 and allow the petitioners to participate in the FMGE December 2024 and other upcoming FMGE on the basis of acknowledgement/receiving issued by the NTA (Respondent No.2); and/ or c. Issue writ of mandamus or any other appropriate writ, order or direction, directing the NBEMS (Respondent No. 1) and NMC (Respondent No. 3) to accept the application of petitioners and permit the petitioners to participate in the FMGE December 2024 and other forthcoming FMGE; and/ or d. Pass any such further and/or other order(s) as this Hon'ble Court deems fit and expedient in the facts and circumstances of the captioned writ petition.” 2. The respondent No.2/NTA has filed an affidavit dated 08.01.2025, however, the same is not on record. Let the said affidavit be brought on record. 3. In Paragraph 19 of the said affidavit, it has been stated as under:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:25:19 “...19. That as per the database available with the answering respondent, the details of the petitioner having her Application number and Roll number mentioned above are produced in a tabular format for easement hereinbelow: S No Petitioner’s Name (Roll No.) Category of Petitioner Marks obtained All India Rank Category Wise Rank 1 JAHANVI BHAYAL (300304602) OBC 108 835868 371506 2 AMALA BENNY (280101482) UR 267 314787 138464 3 SHIKHA PATEL (440601456) OBC 181 521008 229009 4 PRATIKSHA DEVI (390515332) OBC 128 728364 322485 5 DEEPAK VERMA (170302169) OBC 154 615750 271293 6 SAURAV KUMAR (150213580) OBC 126 737467 326552 7 AVINASH SINGH (390309939) OBC 242 366252 160646 8 DILIP MEVARAM SUTHAR (311014379) OBC 150 635132 280198 9 MANISH DAS (430102620) SC 196 477638 50234 10 DIKSHA KUMARI (420138851) OBC 189 497534 218545 11 AMJAD KHAN (390348531) OBC 124 749919 332343 12 PRADEEP SAMOTA (390337431) OBC 114 802805 356396 13 GULAM AHMAD RAZA (390313122) OBC 115 799770 355055 14 SACHIN SHARMA (390318236) UR 184 512809 215373 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:25:19 15 SUNIL SHARMA (390335043) UR 277 297061 131414 16 SAURABH SINGH LODWAL (309308996) ST 120 770905 30570 4. As reproduced above, the table in Paragraph 19 provides the marks obtained, All India Rank and category-wise rank of all the petitioners of the present writ petition. 5. Learned counsel for the remaining respondents, on instructions, submit that they accept the said affidavit as the scorecard of the petitioners. 6. Learned counsel for respondent No.1 has also clarified that out of 16 petitioners mentioned in the said affidavit, 3 petitioners namely Mr.Avinash Singh, Mr.Manish Das and Ms.Diksha Kumari, have already been issued the admit cards. He further states at bar that on the basis of the averments made in the said affidavit, respondent No.1 shall issue admit cards to the remaining petitioners. 7. Learned counsel for the respondent No.2 submits that the “marks obtained” given in the said affidavit may not be taken as a precedent as the same has been given as per the database available with them. 8. Learned counsel for the petitioners, on instructions, submits that in view of the affidavit and the submissions made by learned counsel for the respondents, he does not wish to pursue the present petition further. 9. Accordingly, the instant petition alongwith pending application stands disposed of. 10. It is made clear that the marks obtained in the said affidavit shall also This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:25:19 be considered for future examinations, if the petitioners fulfil other eligibility conditions. 11. Copy of the order be given dasti under the signatures of the Court Master. DINESH KUMAR SHARMA, J JANUARY 9, 2025/Dy/smg..