Arshiva Naveem v. 1 National Board of Examinations

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No. 1to forthwith take steps for declaring and communicating the resurts of the petitioner, having Ro, No. 1 g.r 1 104gg2, in the Foreign Medical Graduates Exam, 20.19 to thu p.titionur, including by considering the representation of the petitioner dated 14.02.2025. Counsel for the petitioner: SRt UWATS ZUBAIR SAIT Counsel for the Respondent No.1: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR ECruEfrNr- OF INDIA COUNSEI fOr thE RCSPONdENT NO.2 & 3: SMT GORANTLA SRIRANGA PUJITHA The Court made the following: ORDER I I I : I t -, * * r * * I F ) I r * I * 4 t '+ a THE HON'BLE SRI JUSTICE K.LAKSHMAN WRIT PETITION No.9 102 0F 2025 ORDER: IJeard Sri Uwais Zubair Sait, learned counsel for the petitioner' leamed Deputy Solicitor General of India for 1" respondent and Mrs' Gorantla Sriranga Pujitha, learnbd counsel appearing for respondent Nos.2 and 3.

2. The petitioner is claiming that she has completed primary medical qualification from OSH State University, Kyrgyzstan' in the year 20 18. She has also obtained eligibility certificate dated 13'11'2019 lrom Medical Council of India (MCl)' She has also appeared for examination conducted by 1't respondent on 28'06'2019' In proof of the same, she has filed a copy of the eligibility certificate' e-mails etc' Though she has appeared lor the said examination, l" respondent has not declared the result. Vide e-mails dated 20'll'2019 22'11 2019' she has requested 1't respondent to declare the result. She has also submitted a representation dated | 4.02.2025 with the respondents with a request to declare her result. B'ven then, there is no response from the l" respondent. Thereafter, she has moved to USA and from there to UAE' I I t 4 s t * 4 1: * ,t a Ff 'l E -\ +. I ! F * Due to the atbresaid reasons, there is delay in filing the present writ petition

3. Whereas, Iearned Deputy Solicitor General of India, has produced mail dated 29'ro'20tg to contend that the 1'r respondent has already infornred the petitioner safing that the petitioner,s candidature for Foreign Medical Graduare Examination (FMGE) June, 20rg stands cance,ed as the petitioner has been decrared inerigibre for the sarne. The petitioner may appry on furfllrment of prescribed eligibirity criteria for FMGE December, 201 9.

4. As per Clause No. 1.9 of Inlbrmation Bulletin and Application Form for Screening Tesr for indian Nationars with Foreign Medicar Qualifications, June. 2019,. the National Board of Examinations (NBE) reserves its right to withdraw permission, if any, granted inadvertently to any candidate who is nor eligible ro appear in FMGE even though the admit cardlrolr number/testing ID has been issued or name/ro, number/testing ID is displayed on the website. Clause No. 1.10 says that candidate's eligibility is purely provisional and is subject to the fulfillment of eligibility criteria as prescribed in the information bulletin. It is arso further mentioned that online submission of'apprication form of FMGE, the petitioner is required to submit prescribed documents through web porral latesr by 06.05.2019, fbiling which, the petitioner,s 3 candidature for FMGE shall stand cancelled and candidate will not be allowed to appear for the test. Fulhllment of the eligibility criteria is essential requirement for any candidate to appear in the test' Therefore' the petitioner has to submit eligibility certificate on or before 06.05.2019. Whereas, in the present case, she has obtained eligibility certificate lrom MCI on 13. 1 l.2ol9. Therefore, as on the date of examination, she did not fulfill the said requirement of obtaining etigibility certificate. Therefore, she cannot contend that the results have to be declared.

5. As discussed supra, she has approached this Court after lapse of almost six (6) years. The only explanation offered by the petitioner is that she went to USA from there to UAE' The same is not satisfactory'

6. In the light of the aforesaid mail, dated 29'10'2019' the petitioner's candidature for FMGE, June, 2019 stands cancelled' the petitioner herein failed to make out any case to grant relief as sought for by her in the present writ petition' Therefore,, this writ petition is tiable to be dismissed and accordingly dismissed' Consequently, miscellaneous petitions, if any' pending in this writ petition, shall stand closed. SD/. SREE RAMA MURTHY DEPUTY REGISTRAR //TRUE COPY// To, 1 One CC to SRI UWAIS ZUBAIR SAIT' Advocate One CC to SMT GORANTLA SRIRANGA PUJIT SECTION OFFICER \ PUC] HA, Advocate toPUCl g. '* * d *- i + * 1 '4 + & 7/. ! * I * i I t J Qp.-c_C to SRt GAD| PRAVE^EN KUNTAR, DEpUTy SOL|C|TOR GENERAL oF tNDtA, Hish Court fo; ine siat" oi ili;;s;;; It'iyoerauao topucl

4. Two CD Copies ,/ BSR BM HIGH COURT DATED:1il04t2025 I ; \ I I ., i * t d * I I I I I i i I i , I I , ! I I i F CI * !t * ORDER WP.No.9102 ot 2O2S {HE s14 ,6' Iro( .J .r. 11 AUE rui o( a t) f qr-..Taq ts-9 * DISMISSING THE WRIT PETITION, WTHOUT COSTS ( & sS- 1/" d