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2025 DAILYLAW 41748 (DEL)

ALTHAF SULTHAN PICHATHARA & ORS. v. NATIONAL TESTING AGENCY NTA & ORS.

W.P.(C)/11595/2025 · 2025-11-11

Jyoti Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 11595/2025 $~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11595/2025 & CM APPL. 47464/2025 ALTHAF SULTHAN PICHATHARA & ORS. .....Petitioners Through: Mr. Yatharth Rohila, Ms. Aniketa Rohila, Mr. Nihal Singh and Mr. Kanak Kaushal, Advocates. versus NATIONAL TESTING AGENCY NTA & ORS. .....Respondents Through: Mr. Sanjay Khanna, Standing Counsel along with Ms. Pragya Bhushan, Mr. Tarandeep Singh, Ms. Vilakshana Dayma and Mr. Akshat Chauhan, Advocates for R-1/NTA. Mr. T. Singhdev, Mr. Sourabh Kumar, Mr. Tanishq Srivastava and Mr. Vedant Sood, Advocates for R-2/NMC. Mr. Abhinav Jaganathan, Advocate for R- 3/NBEMS. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 11.11.2025 1. This writ petition is filed on behalf of the Petitioners under Article 226 of the Constitution of India seeking the following reliefs:- <a) Issue a Writ of Mandamus or any other appropriate writ directing the Respondents, particularly Respondent no. 2 & 3, to allow the Petitioners to submit his FMGE application and appear in the FMGE examination pending the issuance of their NEET (UG) 2019 scorecards and Eligibility Certificate, and/or; b) Direct Respondent No. 1 (NTA) to expedite the issuance of the NEET This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 13:06:54 W.P.(C) 11595/2025 (UG) 2019 score card to the Petitioners within a reasonable time frame, and/or; c) Direct Respondent No. 2 (NMC) to issue a provisional Eligibility Certificate to the Petitioner, enabling him to sit for the FMGE, pending the submission of the NEET score card, and/or; d) Grant interim relief allowing the Petitioners to appear for the FMGE, subject to the condition that their result may be withheld until the completion of the Eligibility Certificate requirements or any other conditions as this Hon’ble Court may deem fit, and/or; e) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.= 2. The grievance of the Petitioners is that they had enrolled for MBBS Course in foreign universities and therefore, as required, they have to undertake an examination called Foreign Medical Graduate Examination (8FMGE9), conducted by National Board of Examinations in Medical Sciences (8NBEMS9). Learned counsel for the Petitioners submits that the process of applying for FMGE involves submission of NEET (UG) scorecard as a mandatory requirement, as outlined in the Information Bulletin issued by NBEMS for FMGE December-2025 Session as also future examinations. It is submitted that NTA has furnished requisite details and particulars of the Petitioners based on available database, which can be incorporated as a part of this order and direction can be issued to NTA to treat the order as a scorecard of NEET (UG), 2019, thereby dispensing with the requirement on the part of the Petitioners to furnish the scorecard. Counsel for NTA fairly submits that similar orders have been passed by this Court in the past and NTA has no objection if this course of action is adopted in the present case. 3. I have perused the details furnished by NTA, which are as follows:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 13:06:54 W.P.(C) 11595/2025 4. Indisputably, similar orders have been passed by this Court and there is no reason to deny the reliefs sought by the Petitioners. Accordingly, NBEMS is directed to treat this order as scorecard of NEET (UG), 2019 Examination in respect of the Petitioners and consequently, requirement on part of the Petitioners to furnish scorecard for the FMGE December-2025 Session as also for future FMGE is dispensed with. Needless to state that in case Petitioners apply for FMGE henceforth, this order will be considered as compliance of the pre-condition of providing the scorecard. 5. Writ petition stands disposed of in the aforesaid terms along with the pending application. JYOTI SINGH, J NOVEMBER 11, 2025/RW This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2025 at 13:06:54