I APHC010346062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17303 OF 2025 Between: Ittadi Pranav Varshith, S/o. Prasad Kiran Kumar, aged about 26 years, R/o. H.No.1-246, Gopal Nagar, 1st Line, Ongole, Prakasam District. ...Petitioner AND 1. The Union of India, Department of Health and Family Welfare, Represented by its Secretary (Health and Family Welfare), Room N0.201-D, Nirman Bhavan, New Delhi. 2. The National Board of Examinations in Medical Sciences, Represented by its President, Court, Dabri - Gurgaon Road, Near District, Dwaraka Sector 9 Rd, PSP Area, New Delhi. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent herein in not Editing or Modifying or Altering, the date of birth of the Petitioner herein entered incorrectly in his Application vide Number FMGE25125761, dated 08- 05-2025, as arbitrary and in violation of Articles 14, 19 and 21 of the Constitution of India, and consequently direct the 2nd Respondent Board herein to rectify the incorrect Date of Birth i.e., 30-08-1998, with his actual Date of Birth i.e., 29-08-1998, in the Petitioner's Application vide Number F1\/IGE25125761, dated 08-05-2025 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent herein not to reject the Petitioner's Application vide Number FMGE25125761, dated 08- 05-2025, for the mistake in Date of Birth, pending disposal of the above writ petition Counsel for the Petitioner: SRI YADAVALLI RAMESH Counsel for the Respondents No.1, 2: DILIP JAYARAM S (CENTRAL GOVERNMENT COUNSEL) The Court made the following order: 63t • APHC010346062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0M0 [3329] r<7 TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17303/2Q2fi Between: 1.ITTADI PRANAV VARSHITH, S/0. PRASAD KIRAN KUMAR, AGED R/O. H.NO. 1-246, GOPAL NAGAR. 1ST LINE, ABOUT 26 YEARS, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND 1.THE UNION OF INDIA, DEPARTMENT OF HEALTH AND FAMILY REPRESENTED BY ITS SECRETARY (HEALTH AND ROOM N0.2OI-D, NIRMAN BHAVAN, NEW WELFARE, FAMILY WELFARE), DELHI. 2.THE NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES, REPRESENTED BY ITS PRESIDENT, COURT, DABRI - GURGAON ROAD, NEAR DISTRICT, DWARAKA SECTOR 9 RD PSP AREA, NEW DELHI. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a writ, order or orders more particularly one m the nature of Writ of Mandamus declaring the action of the 2nd Respondent herein in not Editing or Modifying or Altering, the date of birth of Petitioner herein entered incorrectly in his Application vide Number FMGE25125761, dated 08-05-2025, as arbitrary and in violation of Articles 14, 19 and 21 of the Constitution of India, and consequently direct the 2nd Respondent Board herein to rectify the incorrect Date of Birth i.e. 30-08- the 1998, with his actual Date of Birth Application vide Number FMGE25125761, dated 08-05-2025, and to pass such i.e., 29-08-1998, in the Petitioner's lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 2nd Respondent herein not to reject the Petitioner's Application vide Number FMGE25125761, dated 08- 05-2025, for the mistake in Date of Birth, pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1.YADAVALLI RAMESH Counsel for the Respondent(S): 1. DILIP JAYARAM S (CENTRAL GOVERNMENT COUNSEL) The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.17303 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “ to issue a writ, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the 2'"" Respondent herein In not Editing or Modifying or Altering the date of birth of the Petitioner herein entered incorrectly In his Application vide Number FMGE25125761, dated 08.05.2025 as arbitrary and in violation of Articles 14, 19 and 21 of the Constitution of India and conseguently direct the 2"^ Respondent Board herein to rectify the incorrect Date of Birth i.e., 30.08.1998 with his actual Date of Birth i.e., 29.08.1998 In the Petitioners Application vide Number FMGE25125761 dated 08.05.2025 and to pass such other order or orders...” 2. The case of the petitioner in brief is that the petitioner herein is an Indian citizen, who completed his degree in Doctor of Medicine (equivalent to M.B.B.S. degree) in the year, 2021 from Gullas College of Medicine, Mandaue City, Cebu, Philippines. Section 13(4A) of the Medical Council of Indian Act, 1956 mandates that a Foreign Medical Graduate has to qualify the screening test in order to register on the rolls of State Medical Register or Indian Medical Register as there is a prohibition on the Foreign Medical Graduates from practicing as a medical practitioner in India, unless and until they obtain permanent registration certificate. As such, one has to go through the National Exit Test (NExT). Since NExT examination is not being conducted, Foreign Medical Graduates Examination (FMGE)/ Screening test is being conducted 4 for the Foreign Medical Graduates for availing the pernnanent registration in India. 3. The further case of the petitioner herein is that subsequent to the issuance of notification for the said screening test for June, 2025, the petitioner herein submitted an application for the said screening test vide application Number FMGE25125761, dated 08.05.2025 to respondent No.2. But inadvertently, the petitioner herein entered his Date of Birth (D.O.B) incorrectly as 30.08.1998 instead of 29.08.1998. 4. While things stood thus, on 27.03.2025, respondent No.2 had sent a mail to the petitioner stating that at the time of processing the application a deficiency is detected and thus, directed the petitioner to upload the scanned copy of the original Foreign Medical Qualification Certificate duly attested by the Indian Embassy, for rectifying the said mistake. At this juncture, in order to upload the original documents, the petitioner herein has to login into his account using his application number, D.O.B and Login PIN provided by the Board through the mail dated 27.06.2025. Accordingly, when the petitioner herein tried to upload the same by logging into his account, he could not do the same as he entered his actual D.O.B (i.e., 29.08.1998), instead of the incorrect Date of Birth i.e., 30.08.1998 which he inadvertently entered at the time of filing of application. Immediately, the petitioner tried to edit the same to avoid future consequences but the petitioner is not being allowed to access his personal information which was once submitted along with declarations. Therefore, the petitioner herein made several requests to the authorities to 5 modify/ edit the Date of Birth of the petitioner with correct information. But the said request was rejected with an endorsement, which reads as follows: "In terms of clause 2.5 of the Information Bulletin of FMGE June, 2025, NBEMS itself does not edit/ modify/ alter any information entered by the candidates at the time of online submission of the application form under any circumstances there is no provision of accessing the application form to make any changes in the information provided in the application form after closure of the edit window. Such requests to make any changes shall not be entertained. ” Since the application contains declaration/ undertakings which clearly 5. states that in the event of detecting any incorrect information, the candidature will be rejected and the candidate will not be allowed to appear for any future examinations. Inspite of several requests, the respondent No.2 did not choose to rectify the same. Aggrieved by the action of the respondents in not considering the request of the petitioner and in not altering the D.O.B of the petitioner which was inadvertently entered incorrect, the petitioner herein preferred the present 6. writ petition. Heard learned counsel for the petitioner and learned Government 7. Pleader for the respondents. Learned counsel for the petitioner submits that the petitioner herein 8. inadvertently given his D.O.B. as 30.08.1998 instead of 29.08.1998, while 6 submitting his application for FMGE/ Screening test. For which, the petitioner herein made several requests requesting respondent No.2 to rectify/ alter/ modify the same. But respondent No.2 did not turn out to rectify the same. Further, learned counsel for the petitioner also relied upon the judgment rendered by the Fligh Court of Karnataka at Bengaluru in Dr.Lakshmi P Gowda Vs. National Board of Examinations in Medical Sciences, New Delhi\ wherein, the operative portion of the said order reads as follows: 9. The writ petition is allowed. There shall be a direction to the respondent No. 1 to permit the petitioner to correct the entry in Column No. 7 of the application/ score card and amend it to read from General to OBC and there shall be a further direction to the respondents to insert her name in the order of merit in accordance with the marks in the list of candidates for consideration against the OBC quota. In view of the order extracted above, the learned counsel for the petitioner also requested to extend the similar relief in the present writ petition the relief urged by the petitioners are similar in nature. 10. as On the other hand, learned counsel representing learned Deputy Solicitor General of India for the respondents does not refute the submission made by the learned counsel for the petitioner and the judgment referred by the petitioner and submits that similar relief can be enlarged to the petitioner in the interest of justice. 11. ' W.P.No.12859 of 2023; dated 10.08.2023 7 12. Considered the submissions made by both the learned counsel and on perusal of the judgment rendered by the High Court of Karnataka referred supra, this writ petition is allowed, directing the respondent No.2 to edit/ modify/ alter the Date of Birth (D.O.B) entry of the petitioner as 29.08.1998 in the place of 30.08.1998 in his application dated 08.05.2025 and allow the petitioner to write FMGE/ Screening Test to be conducted subject to compliance of the other conditions if any as per the notification. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- G. HELA NAIDU ASSISTANT^REGISrpAR OFFICER //TRUE COPY// SE To, • •' f' 1. The Secretary, (Health and Family Welfare), Union of India, Department of Health and FamiJy Welfare, Room No.201-D, Nirman Bhavan, New Delhi. 2. The President, National Board of Examinations in Medical Sciences, Court, Dabri - Gurgaon Road, Near District, Dwaraka Sector 9 Rd, PSP Area, New Delhi. 3. One CC to SRI YADAVALLI RAMESH Advocate [OPUC] 4. One CC to SRI DILIP JAYARAM S (CENTRAL GOVERNMENT COUNSEL) Advocate [OPUC] 5. Two CD Copies gsg HIGH COURT DATED: 15/07/2025 ORDER g ft .ttit /?0I5 £ ^ Current Secuon ^ WP NO. 17303 OF 2025 ALLOWING THE WP WITHOUT COSTS