Oral Order

ORDER IN CIVIL APPLICATION:-

The applicant is permitted to add respondent no.3 as a party respondent to the main matter being Special Civil Application No.16300 of 2025. The prayer for joining party and amendment in the cause title is accordingly allowed.

Learned counsel Mr.Pradip D. Bhate waives service of notice on behalf of the newly added party respondent no.3.

Accordingly, the present application stands disposed of.

ORDER IN SPECIAL CIVIL APPLICATION:-

1. By the present writ petition, the petitioner has prayed for the following reliefs:-

          "[A] To issue a writ of mandamus or any other suitable writ, order or direction in mandamus to and writ of certiorari to direct the Respondent No.2 National Medical Council to issue eligibility Certificate to the petitioner immediately;

          (B) YOUR LORDSHIPS, pending the present petition, direct the Respondent No.2 to allow the Petitioner to submit the FMGE examination form, in the interest of justice.

          (C) YOUR LORDSHIP, may be pleased to grant ad-interim relief in terms of para 10(B) in the interest of justice.

          (D) To grant such other reliefs as this Hon'ble Court may deem fit in the interest of justice and fairness."

2. It is submitted by learned counsel for the petitioner that the petitioner has successfully completed the Medical Doctor's Diploma Course at Riga Stradiņš University, Republic of Latvia and after finishing his graduation, the petitioner is interested to pursue his medical practice in India. He submits that the Foreign Medical Graduate Examination (FMGE) is the mandatory licensing test held by the respondent no.3- National Board of Examinations in Medical Sciences. He further submits that before submitting the application for the FMGE, the students have to obtain the eligibility certificate from respondent no.2, which duly verifies the credentials of the applicants. The petitioner has submitted online application for issuance eligibility certificate for FMGE examination on 15.10.2025 pursuant to the public notice issued by the respondent no.2. Thereafter, objections came to be raised, which were complied with and the petitioner has resubmitted the documents on 15.10.2025. He submits that the petitioner is fully eligible to be issued an eligibility certificate in accordance with the Act and Regulations. He submits that till date there is no response from the respondents in respect of the issuance of eligibility certificate. He submits that respondent no.3 is going to hold the FMGE examination on 17.01.2026 and the last date for submitting the form along with the eligibility certificate is 04.12.2025. He, therefore, submits that the petitioner may be permitted to appear in the said examination since the respondent no.2 has failed to issue the eligibility certificate till date.

3. Learned counsel Mr.Shivang Thacker appearing for respondent no.2 submits that due to various factors, the processing of the eligibility certificate and verification of the documents as submitted by the candidates takes some time. He submits that prima facie the petitioner seems to be eligible, however, unless the documents so submitted by the petitioner are duly verified, eligibility certificate cannot be issued. He, however, submits that appropriate orders may be passed so as to enable the petitioner to appear in the FMGE examination to be held on 17.01.2026.

4. Learned counsel Mr.Pradip Bhate appearing for respondent nos.1 and 3 submits that appropriate orders may be passed as the necessary compliance in respect of the application for grant of eligibility certificate has been completed by the petitioner herein within time.

5. Considered the submissions and perused the documents. In the present case, prima facie, it appears that the petitioner has fulfilled the eligibility criteria and also uploaded the necessary documents as required under the eligibility registration form on 15.10.2025. As per the say of the learned counsel appearing for respondent no.2, the said application is under process of verification of documents.

6. The FMGE examination held by the respondent no.3 is a qualifying examination for registration as a medical practitioner in India and is not for any purpose of getting admission to any medical course. Further, if the petitioner is permitted to take such examination, it will not adversely affect any other candidates. Taking into consideration the fact that the last date to apply for FMGE examination is tomorrow i.e. on 04.12.2025, the respondent no.3 is directed to accept and process the applicant's application for FMGE examination pending the issuance of eligibility certificate by respondent no.2. The result of the petitioner shall be subject to the issuance of the eligibility certificate. The respondent no.2 is simultaneously directed to expedite the process of the application for eligibility certificate submitted by the petitioner preferably before the declaration of the results of the FMGE examination. The respondent no.3 is directed to facilitate the applicant/petitioner in submitting his application for the FMGE examination to be held on 17.01.2026. It is made clear that the applicant/petitioner will not claim any special equities in lieu of the present order and the directions so passed.

7. With the aforesaid direction and observation, the present writ petition stands disposed of. Direct service is permitted today.

8. The petitioner is also permitted to serve a copy of this order on the registered e-mail addresses of the respondents.