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Madras High CourtWP/1559/2023disposed of

J.Pavithra v. The Board Of Governors

2023-06-19Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2023

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.1559 of 2023 and WMP.No.1652 of 2023 J.Pavithra ... petitioner -Vs1. The Board of Governors, National Medical Commission, Pocket 14, Sector 8, Dwarka, Phase-I, New Delhi-110 077, India.

2. The Joint Director Medical Department of Final Examinations, The National Board of Examination (NBE) Medical Enclave, Ansari Nagar, P.O.Box No.4931, New Nagar, Ring Road, New Delhi 110 029.

3. The National Testing Agency, Neet Unit, Additional Block, C-20/1A/8, Sector 62, Noida -201 309, Uttar Pradesh ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of Writs of Mandamus directing the respondents to issue admit card to the petitioner to write Foreign Medical Graduate Examination to be held on

20.01.2023 by accepting the NEET results of the petitioner as eligiblity certificate.

For petitioner : Mr. N.Baskaran For Respondent : Mr.Subharanjani Anand, SC R1 Mr.R.Thirunavukarasu R2

O R D E R

The writ petition has been filed seeking a direction to the respondents to issue admit card to the petitioner to write Foreign Medical Graduate Examination to be held on 20.01.2023 by accepting the NEET results of the petitioner as eligibility certificate.

2. It is the case of the petitioner that she has cleared UG NEET and the results were declared on 23.06.2017. The petitioner completed UG in medicine in Gullas College of Medicine, Philippines during 2017-2022. The petitioner applied for the eligibility certificate from the first respondent. On 02.04.2022, the first respondent informed the petitioner that the eligibility certificate not required since the petitioner cleared Neet UG already. On 14.12.2022the second respondent informed the petitioner that the the petitioner's application could not be accepted for want of eligibility certificate. On 30.12.2022, the second respondent again informed the petitioner that the eligibility certificate is not produced by the

petitioner. Since it was the last day, the petitioner explained the same again on the same day in the portal of the second respondent. The last date for issuance of admit card was 13.01.2023 and the petitioner was not given admit card till date. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that the eligibility certificate viz., CHED letter has already been submitted along with the application before the second respondent. Hence, this Court may issued a direction to the respondents to take a decision and pass appropriate orders with regard to the publishing the withheld results within the stipulated time as fixed by this Court.

4. The learned Standing counsel appearing for the first respondent submitted that the records submitted by the petitioner will forward to the second respondent for taking appropriate decision in respect of withholding results.

5. The learned Standing counsel appearing on behalf of the second respondent submitted that the petitioner's request will be considered and appropriate orders will be passed within the time frame as fixed by this Court.

6. Heard the learned counsel on either side and perused the materials available on record.

7. In view of the limited request made by the learned counsel for the petitioner and considering the submission made by the learned counsel for the respondents, this Court directs the second respondent to take a decision and pass appropriate orders for publishing the result of the petitioner within a period of two weeks from the date of receipt of a copy of this order.

8. With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 19.06.2023 rli To

1. The Board of Governors, National Medical Commission, Pocket 14, Sector 8, Dwarka, Phase-I, New Delhi-110 077, India.

2. The Joint Director Medical Department of Final Examinations, The National Board of Examination (NBE) Medical Enclave, Ansari Nagar, P.O.Box No.4931, New Nagar, Ring Road, New Delhi 110 029.

3. The National Testing Agency, Neet Unit, Additional Block, C-20/1A/8, Sector 62, Noida -201 309, Uttar Pradesh

M.DHANDAPANI, J.

rli W.P.No.1559 of 2023 19.06.2023