PRIYANSHU RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner Dr. Priyanshu Raj, by way of present writ petition filed under Article 226 of the Constitution of India, seeks issuance of writ of mandamus or any other writ, order or direction directing the respondents to quash and set aside the decision dtd. 18/6/2024 alongwith e-mail dtd. 20/6/2024 vide which the candidature of the petitioner for National Eligibility-cum-Entrance Test (Postgraduate), 2024 ['NEET (PG)-2024'] was cancelled and the petitioner was debarred from appearing in the said examination, and to issue admit card to the petitioner forthwith for appearing in the said examination scheduled for 11/8/2024.

(2.) Brief facts of the case, as disclosed from the petition, are that in the year 2021, the petitioner had completed his MBBS from National Medical College Birgunj under Tribhuvan University, Kathmandu, Nepal. In the year 2022, the petitioner had completed his compulsory rotatory internship. It is stated that after completion of MBBS as well as internship, the petitioner had applied for the Foreign Medical Graduate Examination ['FMGE'], introduced under Screening Test Regulations, 2002, which is a necessary licensure examination for Foreign Medical Graduates. It is stated that as per the existing rules of the National Board of Examinations for Medical Sciences ['NBEMS'], FMGE is a prerequisite for an Indian citizen/Overseas citizen of India possessing a primary medical qualification awarded by any medical institution outside India who is desirous of getting provisional or permanent registration with Medical Council of India or any State Medical Council on or after 15/3/2002. It is stated that the FMGE December 2022 Session, as per the original notification, was scheduled to take place on 4/12/2022, however, the same had got postponed and rescheduled for 20/1/2023. It is submitted that the result of the FMGE December 2022 examination was announced on 3/2/2023, and thereafter, the petitioner had registered himself in the register of the Delhi Medical Council.

(3.) The petitioner states that, in the meanwhile, on 7/1/2023, respondent no. 2 i.e. NBEMS had invited applications for NEET (PG)-2023 and as per the said notice, online submission of the application form was to commence from 7/1/2023 and end on 27/1/2023. The petitioner accordingly applied for NEET (PG)-2023, without going through the relevant rules. It is stated that the pre-requisite of the said exam was that a candidate must have cleared the FMGE before applying for NEET (PG)-2023 and registered himself in the State or National Medical Council. It is stated that though the petitioner did clear the FMGE, but at the time of filling up the form for NEET (PG)-2023, the result of FMGE had not been announced and the petitioner had not been registered with any medical council. It is stated that on 5/6/2023, i.e. the date of issuance of admit cards for the NEET (PG)-2023, the petitioner received an email from respondent no. 2 in which the petitioner had been issued show cause and an unfair means case had been registered against him. He was directed to reply to the show cause by 12/6/2023. On 8/6/2023, the petitioner had replied to the show cause notice stating his bonafide mistake as well as stating that such a mistake would not be repeated in the future. The petitioner states that on 7/8/2023, he had received an email vide which he was informed that after thorough investigation and careful consideration of the evidence available on record and applicable UMC guidelines, the examination ethics committee had found the petitioner to be in violation of the examination ethics and decided to impose the penalty of 'cancelling the candidature of the petitioner for NEET (PG)-2023'. Furthermore, he was warned not to indulge in such unethical activities in future.