APHC010532262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SpeciaFOriginal Jurisdiction) 0M0 FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 2752fi OF 709.^ Between: baliveeti Gnaneswara, S/o. late G.;Lakshmi Narayana. Aged about 26 Occ. P.G. Student (Medical),, ^^a^.Gopanapalle Kaspa, Galiveedu Mandal. Cuddapha District, presently Annamaiah District-516267 years ...Petitioner AND 1. Union of India, Rep. by its-, Ministry of Health Nirman Bhawan, New Dejhi - 110011 2. The Directorate General 'bf ^alth Services, Nirman Bhawan, New Delhi -110011 3. National Board of Examihatibhs (NEET-PG) Medical Enclave, Ansarl; NagarFMaha Gandhi New Delhi - 110029 4. National Board of Examinations in Medical Sciences, (Autonomous Body under Ministry of Health and Family Welfare, Govt, of India), Rep. by its Secretary, Mahatma Gandhi Marg, Ansari Nagar 110029 and Family Welfare, Government of India i Rep. by its Secretary, Marg, Ring Road, New Delhi - } • 5. The Assistant Director, Department of Training and Monitoring Division, National Board of Examinations in Medical Sciences, Mahatma Gandhi Marg, Ansari Nagar, New Delhi - 110029 6. The Dimond Harbor Government Medical College and Hospital, Harindanga. New Town, South, 24 paraganas. West Bengal-743331 7. The Tahsildar, Galiveedu Mandal, Rayachoti, Revenue Division, Cuddapha District, State of Andhra Pradesh / / / / ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit Tiled therewith, the High Court may be pleased to issue a Writ, Order qc direction more particularly one in the nature of Writ of Mandamus' call for the .records and set aside the letter Ref. No. NBEMS/DOTM/C and R/2024/24661088786/119447 dt.25.09.2025 issued by the Assistant Director, Departtneht of Training and Monitoring division, NBEMS, New Delhi being illegal, arbitrary, without jurisdiction and in violation of Article 14, 21 and 46 of Constitution of India, apart from being violative principles of natural justice. iANO:1OF2025 I Petition under Section 151^et^ praying that in the circumstances stated in the affidavit filed in support-ofTh§^petition, the High Court may be pleased to operatfQR the of suspend NBEMS/DOTM/C&R/2024/24661:088786/119447,dt.25.09.2025 issued by the Assistant Director, Department of Training and Monitoring division, NBEMS, i^ew Delhi pending final disposal of the main writ petition the letter Ref.no. (bounsel for the Petitioner: SRI nW^LAM SANKARA RAO Counsel for the Respondents No.1 to 6: SRI Y V ANIL KUMAR (Central Government Counsel) Counsel for the Respondent No.7: GP FOR REVENUE /7 The Court made the following order: / />' // // // APHC010532262025 Bench Sr.No:-6 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI // WRIT PETITION NO: 27525 of 2025 ...Petitioner Galiveeti Gnaneswara Vs. ...Respondents Union of India and others ********** Mr. T. Lakshminarayana representing Mr. Neelam Sankara Rao Advocate for Petitioner: Mr. Y V Anil Kumar (Central Government Counsel) for R.1 & R.2 . GP for Revenue for R.7 Advocate(s) for Respondent(s); CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO -.10“’ October, 2025 DATE ii PC ; The petitioner challenges the communication, dated 25.09.2025, issued by the National Board of Examinations in Medical Sciences which requires the petitioner to submit a valid OBC Non Creamy Layer certificate based on the financial year ending March 31 2024 and further that it should have been issued between 01.04.2024 to 31.03.2025. The certificate was required to be submitted latest by 06.10.2025 failing which the petitioner stands informed that his candidature shall be cancelled. 2 HG&RRR, J WP 27525 2025 From the material on record, it can be seen that the competent authority concerned with issuing the certificates have issued one certificate, dated 01.08.2023, and another, dated 06.09.2025, certifying that the petitioner did not belong to the creamy layer. 2. 3. While the requirement of the NBE may be specifically pertaining to determining whether the petitioner belong to the creamy layer in the March, 2024, the certificates on record financial year ending March 31 certainly do not fulfill that particular condition. However, we are informed that the petitioner has since been admitted in Post Graduate course in Paediatrics and has undergone almost eight months of study in the said course. With a view to prevent any prejudice from being caused to the petitioner, we deem it proper that the petitioner be permitted to submit the certificate by applying afresh to respondent No.7 to consider and determine as to whether the petitioner belong to the non creamy layer for the financial year ending March 31®\ 2024. 4. In case it is found that the petitioner did belong to the non creamy layer, then an appropriate certificate in the format desired by the NBE may be issued within one month from today which shall then be submitted to the NBE in response to the communication, dated 25.09.2025. Till such time as the certificate is issued in the proper format as directed by us either certifying that the petitioner belongs to the creamy layer 5. 3 HO & RRR, J WP 27525 2025 or the non creamy layer, the candidature of the petitioner shall not be cancelled. Depending upon the certificate so issued, the NBE shall be entitled to take an appropriate decision. In case the decision goes against the interests of the petitioner, it would be open to the petitioner to work out his remedies in accordance with law. The Writ Petition is, accordingly, disposed of. No order as to 6. costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- B. PRASADA RAO DEPUTY REGISTRAR //TRUE COPY// V To, SECTION OFFICER 1. The Ministry, Union of India, Health and Family Welfare, Nirman Bhawan, New Delhi -110011 2. The Directorate General of Health Services, Government of India, Nirman Bhawan, New Delhi -,110011 3. The Secretary, National Board of Examinations (NEET-PG), Medical Enclave, Ansari Nagar, Mahatma Gandhi Marg, Ring Road, New Delhi -110029 4. The Secretary, National Boded of Examinations in Medical Sciences, (Autonomous Body under Ministry of Health and Family Welfare, Govt, of India), Mahatma Gandhi Marg, Ansari Nagar, New Delhi - 110029 1 : / ■ 1 5. The Assistant Director, Department of Training and Monitoring Division, National Board of Examinations in Medical Sciences, Mahatma Gandhi Marg, Ansari Nagar, New Delhi - 110029 6. The Dimond Harbor Government Medical College and Hospital, / / / / Harindanga, New Town, South, 24 paraganas. West Bengal-743331 7. The Tahsildar, Galiveedu Mandal, Rayachoti Revenu Division, Cuddapha District, State of Andhra Pradesh 8. One CC to SRI NEELAM SANKARA RAO Advocate [OPUC] 9. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 10.One CC to SRI Y V ANIL KUMAR (Central Government Counsel) Advocate [OPUC] : ^ 11.Two CD Copies gsg a r I L i 'i \ \ \ \ \ \ HIGH COURT \ \ \ f DATED;10/10/2025 ORDER WP NO. 27525 OF 2025 % I ) disposing the WP WITHOUT COSTS