Delhi HC Grants Russia MBBS Graduate Right to Appear in FMGE, enabling them to start afresh in the country. The appellant challenged a single judge’s judgement that had first dismissed their petition owing to the lack of an eligibility certificate. The court, presided over by Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, has allowed the appellant to take part in the FMGE while keeping their results confidential till the final judgement of their case.
Delhi HC Grants Russia MBBS Graduate Right to Appear in FMGE: The Background
A single judge denied the appellant’s claim for temporary relief to appear in the FMGE on July 30, awaiting final determination of their plea. The appellant, represented by Avijit Mani Tripathi and Yoothica Pallavi, contended that the major purpose of the writ petition was to get the ‘Eligibility Certificate,’ which the National Medical Commission (NMC) had rejected on April 27. They claimed that the NMC’s refusal was based on improper factual and legal reasons.
The appellant emphasised that the NMC’s assumption that they had only studied Physics, Chemistry, and Biology together for one year in class 11th (rather than class 12th) was incorrect. In reality, the appellant first passed the 12th exam from the U.P. Board of Education in 2011 with Physics, Chemistry, and Mathematics, and then went to a regular school for two years to study Physics, Chemistry, and Biology, eventually passing the 12th exam with Biology as an additional subject.
Delhi HC Grants Russia MBBS Graduate Right to Appear in FMGE: Unfair Constraints and Difficulties
The appeal emphasised that the U.P. Board’s guidelines do not enable simultaneous study of Biology and Mathematics in Class 12. Furthermore, re-appearance in Board examinations for a topic that has previously been cleared in a prior examination is not permitted. The appellant emphasised that most state boards do not allow students to study these topics concurrently, but the CBSE Board does. As a result, applicants from state boards must study for four years in order to pass the Class 12 test with both Biology and Mathematics, plus one additional subject.
The appellant further said that they applied for the NMC eligibility certificate on January 15, 2022. However, the rejection order was not issued until April 27 of the same year, prohibiting them from appearing for the January exam. This delay has cost the appellant the opportunity to take the test on July 30, resulting in a loss of “one and a half precious years of their career” through no fault of their own. The next checkup is set for at least six months later, aggravating the effects of the wait.
The Decision of the Court
Given the appellants’ persuasive arguments and the possible influence on their future chances, the Delhi High Court’s division bench found in their favour. The court gave the appellant permission to sit in the National Board of Examinations in Medical Sciences exam, subject to the outcome of the writ petition before the single judge.
Delhi HC Grants Russia MBBS Graduate Right to Appear in FMGEÂ is a significant advancement in medical education and prospects for aspiring doctors. It emphasises the need of taking into account particular conditions and problems experienced by applicants throughout the test process. This decision establishes a precedent for addressing eligibility difficulties and ensuring that talented individuals are not unfairly denied the opportunity to pursue medical professions.
