- 1 - HC-KAR NC: 2025:KHC:38865-DB WA No. 1589 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1589 OF 2025 (EDN-RES) BETWEEN: MS. SRUSTI BOMMANAHALLI RAJANNA, BOMMANAHALLI, KORA POST BELLAVI HOBLI, TUMAKURU- 572 128, KARNATAKA. …APPELLANT (BY SMT. VIDYASHREE K S, ADVOCATE) AND: 1. NATIONAL BOARD OF EXAMINIATIONS IN MEDICAL SCIENCES, ANSARI NAGAR, MAHATMA GANDHI MARG (RING ROAD), NEW DELHI - 110 029. 2. THE ASSISTANT DIRECTOR, DEPARTMENT OF EXAMINATION CONDUCT, NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES, ANSARI NAGAR, MAHATMA GANDHI MARG (RING ROAD), NEW DELHI-110 029. 3. THE KARNATAKA MEDICAL COUNCIL, REP. BY ITS REGISTRAR, 16/6, MILLERS ROAD, KAVERAPPA LAYOUT, VASANTH NAGAR, BENGALURU-560 052, KARNATAKA. …RESPONDENTS Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38865-DB WA No. 1589 of 2025 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS ON WP NO- 5785/2025 (EDN-RES) ii) ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 04.09.2025 PASSED BY THE LEARNED SINGLE BENCH IN WP No-5785/2025 TO MEET THE ENDS OF JUSTICE. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal, impugning an order dated 04.09.2025, passed by the learned Single Judge in Writ Petition No. 5785/2025 (EDN-RES). 2. The appellant had filed the said petition impugning a notice dated 27.01.2025, issued by respondent No. 2 recalling the Foreign Medical Graduate Examination [FMGE] pass Certificate (Certificate No.NBEMS/ DoEC/ 51022/ VIII/ December 2023/2311211047/A- 10830/1168) which was issued to the petitioner. 3. The petitioner had enrolled in MBBS (MD) program at Caucasus International University at Georgia in January 2018. Admittedly, the said programme was structured over a period of six - 3 - HC-KAR NC: 2025:KHC:38865-DB WA No. 1589 of 2025 years. The said University had issued a Provisional Certificate dated 07.02.2023 certifying that the petitioner had completed five years of the said program and had passed the compulsory subjects. On the basis of the aforesaid Provisional Certificate, the appellant appeared for the FMG Examination. The petitioner claimed that she was qualified to appear for the FMG Examination, pursuant to the Information Bulletin issued in December 2023. 4. Clause 2.12 of the said Information Bulletin is relevant and it reads as under: "2.12 XXXX Candidates should have qualified the final examination for their Primary Medical Qualification i.e. MBBS or Equivalent degree on/before 31st October 2023 and must submit a proof of passing the same while applying for the FMGE. If a candidate fails to substantiate the claim of having passed the primary medical qualification by the prescribed cut off date i.e. 31st October 2023 with supportive documents, his/her candidature shall be cancelled." 5. Thus, the only candidates who had qualified the primary medical qualification, that is MBBS or equivalent degree on or before 31.10.2023, were eligible for the said examination. Concededly, the appellant had not qualified the primary qualification as on 31.10.2023. The appellant had received the - 4 - HC-KAR NC: 2025:KHC:38865-DB WA No. 1589 of 2025 qualification subsequently and therefore, was ineligible to appear for the said examination. 6. It is also material to note that the information bulletin also explicitly provided that any candidate found ineligible at any stage of the FMG examination will not be permitted to appear in the examination. Further in any unlikely event, if any eligible candidate had appeared or passed the FMG examination, the results of such candidates would be cancelled or deemed to have been cancelled even if the results had been declared or a pass certificate had been issued. Clause 2.16 of the Information Bulletin is set out below: "2.16 XXXX Candidate found ineligible at any stage of FMG Examination, will not be permitted to appear in the examination. In an unlikely event of any ineligible candidate appearing and/or passing the FMG examination, the results/candidature of such candidate shall be cancelled and/or is deemed to be cancelled, even if result has been declared or Pass Certificate has been issued." 7. In our view, the appellant's case clearly falls within the rigours of the aforesaid provision. Since the appellant was not eligible to appear for the examination, the appellant cannot draw any benefit of having cleared the same. - 5 - HC-KAR NC: 2025:KHC:38865-DB WA No. 1589 of 2025 8. The learned Single Judge has rightly rejected the appellant's challenge to the Notice dated 27.01.2025 recalling the FMGE pass certificate issued to her. 9. The appeal is unmerited and accordingly dismissed. 10. Pending applications are disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 55