Akhlak Khan v. Union Of India & ANR.

$~111 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12797/2025 AKHLAK KHAN .....Petitioner Through:

Mr. M.S. Hussain, Advocate.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Ms. Saroj Bidawat, SPC with Mr. Kamaldeep, Govt. Pleader.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 15.10.2025 CM APPL. 65075/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CM APPL. 64994/2025 3.

The present application has been filed by applicant/petitioner seeking early hearing of the petition.

4.

For the reasons mentioned in the application, same is allowed. 5.

Application stands disposed of.

W.P.(C) 12797/2025 6.

With the consent of the parties, present petition is taken up for consideration.

7.

The facts as articulated in the present petition is that the petitioner has completed his Degree in MBBS during the academic The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

year 2017-2023 from Chittagong Medical University in September, 2024 and after completing the Degree successfully, he applied for Foreign Medical Graduate Examination (FMGE), June-2024 session by submitting his form online. Petitioner while filling the name of his father had committed a typographical error, whereby he entered the name of his father as 'Kanif Khan' instead of correct name, i.e., 'Hanif Khan'.

8.

The result of FMGE was declared on 12.08.2024 and petitioner qualified the exam by scoring 165 marks out of 300 marks. However, after receiving the Screening Test Pass certificate, the petitioner realized the mistake that his father's name has been incorrectly mentioned.

Accordingly, petitioner made a representation on 08.07.2025 to the National Board of Examination in Medical Sciences (NBEMS), the body which conducts FMGE, requesting therein for carrying out necessary correction in the Screening Test Pass certificate.

9.

However, the request of petitioner was rejected on the ground that there is no provision of accessing the application form of petitioner by NBEMS to carry out necessary changes after closure of edit window.

10.

Mr. M.S. Hussain, the learned counsel appearing on behalf of petitioner submits that the correct name of petitioner's father is Hanif Khan. To buttress his contention, he has invited attention of the Court to the copy of the Certificate of Sr. Secondary Examination, 2015 issued to petitioner, as well as, Degree of MBBS obtained by petitioner from Chittagong Medical University on 30.09.2024, wherein The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

name of petitioner's father has been mentioned as "Hanif Khan". 11.

He submits that the mistake committed by petitioner is only typographical in nature and in case the same is not corrected, it will cause grave prejudice to petitioner and affect his future career prospects.

12.

Per contra, Ms. Saroj Bidawat, learned counsel appearing on behalf of respondent no.2/NBEMS has invited attention of the Court to clauses 2.5; 8.13; 8.26 and 8.21 of the FMGE Information Bulletin, June, 2024 which have been quoted in the counter-affidavit as well, and reads thus:

"Clause 2.5: NBEMS itself does not edit /modify/alter any information entered by the candidates at the time of online submission of application form under any circumstances. There is no provision of accessing the application form to make any changes in the information provided in the application form after closure of edit window. Such requests to make any changes shall not be entertained. Candidates, however, shall be able to rectify the deficiencies in their application (if so communicated by NBEMS) regarding images and documents uploaded by the prescribed cut-off dates.

(ii) Clause 8.13: candidates are advised not to complete & submit their online application in a haste so as to avoid any errors in providing information.

Request for making any changes in date of birth, name or any other information provided in the application shall be summarily rejected. NBEMS does not edit/modify/change any information provided by the candidates in their applications of its own. Candidates has the option to make corrections in any information except name, nationality, test city, mobile number and email ID during the edit window.

(iii) Clause 8.26: NBEMS does not edit /modify/alter any information entered by the candidates at the time of online The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

submission of application form under any circumstances. (iv) Clause 8.21:

Edit Window:

Candidates who have successfully submitted payment for their application during Application Submission window shall only be allowed to edit - their applications during 24th May 2024 to 28th May 2024. No new application can be registered during edit window or payment can be made during the window.

Any information/document can be changed/corrected during the edit window except for Name, Test City, Nationality, mobile number and Email ID. Information can be edited any number of times before the closure of the window. The last submitted information will be saved in records."

13.

Referring to the aforesaid clauses, she submits that there is no provision authorizing NBEMS to carry out correction in the online form filled by petitioner after closure of edit window. 14.

However, on a specific query posed by the Court as to whether NBEMS is disputing the documents which have been placed on record by petitioner to establish that his father's correct name his 'Hanif Khan', she fairly concedes that respondent/NBEMS does not dispute the said documents. According to her, the only impediment is the clauses which have been referred to in the counter-affidavit. 15.

Having regard to the submissions made by learned counsel for the parties, a short question which needs to be addressed as to whether the name of petitioner's father can be corrected in the final result (Screening Test Pass certificate) which has been issued by the respondent no.2/NBEMS.

16.

Admittedly, the petitioner has placed on record various documents in support of his claim that the name of his father is 'Hanif The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Khan' and not 'Kanif Khan'. The said documents are not in dispute. 17.

From the documents on record, it appears that it is only on account of typographical error that the name of petitioner's father has been incorrectly been mentioned as 'Kanif Khan' instead of 'Hanif Khan'.

18.

Having regard to the aforesaid circumstances, this Court finds that there is no legal impediment in correcting the name of petitioner's father in the final result, as well as, Screening Test Pass certificate. 19.

Accordingly, respondent no.2/NBEMS is directed to correct the name of petitioner's father in the final result, as well as, Screening Test Pass certificate from 'Kanif Khan' to 'Hanif Khan', as per the documents which have been placed on record by petitioner. The correct final result, as well as, Screening Test Pass certificate may be uploaded/issued to the petitioner within two weeks from today. 20.

The petition is disposed of in above terms.

21.

Pending application, if any stands disposed of. 22.

The date already fixed, i.e., 20.11.2025 stands cancelled. VIKAS MAHAJAN, J OCTOBER 15, 2025/jg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.