[2025:RJ-JP:1536] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 249/2025 Chinmay Upadhyay S/o Shri Babu Lal Sharma, Aged About 22 Years, R/o Behind Panchana Colony, Karauli. ----Petitioner Versus 1. National Testing Agency, (An Autonomous Body under the Department of Higher Education, Ministry of Education, Government of India, First Floor, NSIC-MDBP Building, Okhla Industrial Estate, New Delhi- 110020 through its Director. 2. President, National Board of Examination in Medical Sciences (An Autonomous Body under the Ministry of Health and Family Welfare), Government Of India, NAMS Building, Medical Enclave, Mahatma Gandhi Marg, Ansari Nagar, New Delhi-110029. ----Respondents For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) : Mr. M.S. Raghav with Mr. Vishwas Saini for respondent No.1 Mr. Ajay Shukla with Mr. Raghav Sharma HON'BLE MR. JUSTICE SAMEER JAIN Order 10/01/2025 1. At the outset, learned counsel for the petitioner has submitted that the petitioner has appeared in the NEET-UG Examination, 2019 wherein, the petitioner scored 318 marks out of the maximum 720 marks and had secured rank 230642. On being eligible and qualified the petitioner took admission in MBBS Course under BIMI, Kyrgyzstan in the year 2019 and cleared the said course in the year 2024. [2025:RJ-JP:1536] (2 of 3) [CW-249/2025] 2. It is further submitted that the respondents issued a notice for conducting screening test of Foreign Medical Graduate Exam, wherein the petitioner had also applied. However, the petitioner’s NEET score card was missing, qua which he had also lodged a report to S.H.O., Police Station, Kotwali on 02.05.2024. 3. Nevertheless, even despite the best possible efforts the investigating authorities were unable to find the score card of the petitioner, resultantly the petitioner approached the respondent- NTA seeking a duplicate copy of the same. However, no satisfactory reply was given to the petitioner. Thereafter, the instant petition is filed seeking directions to allow the petitioner to appear in the Foreign Medical Graduate Exam that is scheduled on 12.01.2025, in light of Annexure-5 and 6. 4. Learned counsel for the respondents are unable to refute the fact that the petitioner has participated in NEET-UG Examination, 2019, wherein the petitioner was declared successful. Howsoever, learned counsel representing respondent No.1 has submitted that as per the governing statues and Rules, the agency retains the score card of the candidates only upto a period of 60-90 days approximately, from the date of declaration of the result. 5. In the foregoing facts and circumstances and considering the averments made by the learned counsel for the parties, it can be inferred that not permitting the petitioner to appear in the Foreign Medical Graduate Examination, will cause prejudice to his rights for no good reason, as it is noted that the petitioner had appeared in the NEET-UG Examination, 2019 and was declared eligible. The bonafides of the petitioner are also affirmed by the fact that as soon as the petitioner acknowledged the fact that his score-card is [2025:RJ-JP:1536] (3 of 3) [CW-249/2025] missing, he had lodged a complaint and have made all possible efforts to attain a copy of the same. It is a settled position of law and as the ratio spelled out in Asha Vs. Pt. B.D. Sharma University of Health Sciences & ors. reported in (2012) 7 SCC 389 that the merit scored by the candidate should be the sole basis of his/her selection and the candidate ought not to suffer on the basis of technicalities. 6. In light of the aforementioned, this Court deems it appropriate to allow the instant petition and permit the petitioner to appear in the said examination on the basis of Annexure-5, as the requisites qua the merit and other eligibility is duly met out. 7. It is made clear that the petition is allowed merely on the ground that on account of technicalities, the innocent candidates should not be made to suffer and the merit scored should be the sole ground of selection. 8. Respondent No.2 is directed to permit the petitioner to appear in the said examination and not to create any impediment on account of non-submission/non-availability of the petitioner’s NEET score card. 9. Accordingly, the present petition is allowed. No orders as to costs. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/s-297