HC relief: FMGE candidate allowed to appear in exam without Eligibility Certificate
New Delhi: In a major relief to a Foreign Medical Graduate (FMG), the Delhi High Court has allowed him to appear in the Foreign Medical Graduate Examination (FMGE), even without the mandatory eligibility certificate from the National Medical Commission (NMC).
The order by the Division Bench comes when the FMG candidate challenged the order of the Single Judge bench which earlier rejected his plea for appearing in the examination in the absence of an eligibility certificate.
While granting the relief to the medical graduate from abroad, the HC Division Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula clarified that "...the appearance in the examination will not create any right or equity in favour of the Appellant and this Court has not observed anything on merits of the case as the main issue is still pending before the Learned Single Judge. With the aforesaid observations, the LPA stands disposed of."
After clearing the 11th and 12th examination from Uttar Pradesh State Board of High School and Intermediate Education, the petitioner pursued medical education abroad and pursued an MBBS degree from a foreign university.
In order to practice in India, the petitioner has to clear the Foreign Medical Graduate Examination (FMGE) scheduled to be held on 30.07.2023. In order to appear in FMGE, it is mandatory for a candidate to have an eligibility certificate.
Accordingly, the petitioner approached the NMC for the same. However, through order dated 27.04.2023, his request was turned down by NMC and being aggrieved by the same, the petitioner filed a plea before the High Court.
While the main matter is still pending, the Single Judge earlier declined to grant interim relief to the candidate by allowing him to appear in FMGE. The Single Judge bench passed this order while taking note of the fact that "...in case the petitioner succeeds, there would be subsequent examination either in the year 2023 or in the year 2024, where the petitioner can very well be allowed to appear in the said examination."
However, challenging the single bench order, the petitioner approached the division bench. The counsel for the petitioner, Ms. Yoothica Pallavi argued that the FMGE is scheduled to be held on July 30 and the petitioner has already missed one chance. It was further argued that the main prayer before the Single Judge was to issue appropriate order directing NMC to issue an eligibility certificate and during the pendency of the plea, only an interim order to permit him to appear in the FMGE, was sought.
The Division bench, while considering the matter, observed, "This Court has carefully gone through the aforesaid judgment, but refrains from expressing any opinion thereon as the issue is still pending before the Learned Single Judge and we are only concerned whether to grant permission to the Appellant to appear in the FMGE or not."
However, the bench opined that the FMG candidate can be allowed to appear in FMGE and ordered,
"The Court is of the opinion that the Appellant can be permitted to appear in the FMGE subject to final outcome of the writ petition. This is only to ensure that the Appellant is not prejudiced in the event he succeeds in the Writ Petition."
"Depriving him of this opportunity could result in causing delay as the next opportunity of appearing in the examination would arise after a significant period of time," the bench further noted.
The High Court Division bench further clarified,
"Accordingly, the present Appeal is allowed. As the examination is conducted by National Board of Examination in Medical Sciences, the Respondent No.3 is directed to permit the Appellant to appear in the examination provisionally. It is made clear that the appearance in the examination will not create any right or equity in favour of the Appellant and this Court has not observed anything on merits of the case as the main issue is still pending before the Learned Single Judge. With the aforesaid observations, the LPA stands disposed of."
To read the order, click on the link below:
https://medicaldialogues.in/pdf_upload/delhi-hc-division-bench-214547.pdf
https://medicaldialogues.in/pdf_upload/delhi-hc-single-bench-214548.pdf
