$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8935/2023
SACHIN KUMAR ..... Petitioner
Through: Ms. Yoothica Pallavi, Adv.
versus
NATIONAL MEDICAL
COMMISSION & ORS. ..... Respondents
Through: Mr. T. Singhdev, Mr. Abhijit
Chakravarty, Mr. Tanishq Srivastava, Mr.
Aabhaas Sukhramani and Mr. Bhanu Gulati,
Advocates for NMC
Mr. Kirtiman Singh, CGSC with Mr. Waize
Ali Noor and Mr. Kartik Baijal, Adv. for
NBE
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 31.01.2024
W.P.(C) 8935/2023
1. The petitioner obtained his MBBS degree from the Crimean
Federal University, Russia in July 2022 after undergoing the course
from 2016 to 2022. The petitioner is, therefore, a Foreign Medical
Graduate (FMG). FMGs, in order to practice medicine in India, are
required to pass the Foreign Medical Graduate Examination (FMGE).
For this, they have to obtain an Eligibility Certificate from the
National Medical Commission (NMC).
2. The petitioner, therefore, applied for grant of an Eligibility
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KUMAR
Signing Date:01.02.2024
16:47:57
Certificate, so as to be able to appear in the FMGE. The NMC, by the
impugned communication dated 27 April 2023, rejected the
petitioner’s application on the ground that he had studied Biology only
for one year in Class 11, whereas the Undergraduate Medical
Education Board (UGMEB) of the NMC had decided that Biology
th th
was required to be the main core subject in the 11 and 12 for an
FMG to be eligible to undertake the FMGE.
3. Aggrieved by the said order, the petitioner has approached this
Court by means of the present writ petition, praying that the decision
dated 27 April 2023 be quashed and set aside and that the petitioner be
issued an Eligibility Certificate so as to enable him to appear in the
FMGE, which was scheduled to be conducted on 30 July 2023.
4. At the time of issuing notice on this writ petition on 7 July
2023, the petitioner prayed for interim relief by way of being
permitted to provisionally appear in the FMGE. As the petitioner did
not have the Eligibility Certificate, this Court did not pass any such
interim order.
5. Aggrieved thereby, the petitioner had approached the Division
Bench by way of LPA 554/2023. By order dated 17 July 2023, the
Division Bench disposed of the LPA by allowing the petitioner to
provisionally appear in the FMGE 2023, subject to the outcome of the
present writ petition. The petitioner has, since, appeared in the FMGE
2023 and the result of the petitioner has been produced before the
Court in a sealed cover.
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KUMAR
Signing Date:01.02.2024
16:47:57
6. On 19 January 2024, Mr. Singhdev, who appears on behalf of
the NMC, had handed over, across the board, a communication dated
12 January 2024, which stated that in view of a subsequent Public
Notice dated 22 November 2023 issued by the NMC, candidates who
had done Biology as an additional subject in Classes 11 and 12, were
also entitled to the Eligibility Certificate for the purpose of appearing
in the FMGE.
7. As such, the only ground on which the petitioner was found
disentitled to the Eligibility Certificate for appearing in the FMGE
does not survive.
8. Mr. Singhdev also submits that, thereafter, the petitioner has in
fact been issued the Eligibility Certificate on 23 January 2024 by the
NMC.
9. In the meanwhile, on the basis of the order dated 17 July 2023
passed by the Division Bench in LPA 554/2023, the petitioner has also
appeared in the FMGE 2023.
10. Though the appearance of the petitioner was subject to the
outcome of the present writ petition, as the only ground on which the
petitioner had been found disentitled to grant of an Eligibility
Certificate for appearing in the FMGE has itself now been withdrawn
by the NMC and an Eligibility Certificate has also been granted to the
petitioner, the grievance of the petitioner in the writ petition does not
survive for consideration.
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KUMAR
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16:47:57
11. Though the Court had directed the result of the petitioner to be
produced before the Court in a sealed cover, no occasion for peering
into its contents arises.
12. The NBE is, therefore, directed to communicate the said result
to the petitioner within a period of one week from today.
13. This writ petition stands disposed of in the aforesaid terms.
14. Needless to say, this order has been passed in the peculiar facts
of the present case.
CM APPL. 66547/2023 (Direction)
15. This application does not survive for consideration and stands
disposed of.
C.HARI SHANKAR, J
JANUARY 31, 2024
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W.P.(C) 8935/2023 Page 4 of 4
KUMAR
Signing Date:01.02.2024
16:47:57