E.Prabhaharan v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR E.Prabhaharan ..Petitioner(s) Vs
1. The Secretary National Medical Commission, Pocket -14, Sector -8, Dwarka Phase -1, New Delhi 110 007, India
2. The Director National Board of Examination in Medical Sciences, Medical Enclave, Ansari Nagar Ring Road, New Delhi 110 029, India ..Respondent(s) Prayer: Writ petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 1st Respondent to issue Eligibility certificate on or before 11.05.2026 pursuant to the application submitted by the petitioner to the 1st Respondent vide Application No. Id R.15012/ 035379 / 2025 dated 23.09.2025 and to consequently permit petitioner to write FMGE (Foreign Medical Graduate Exam) conducted by the 2nd respondent, the National Board of Examinations in Medical Sciences scheduled to be held on 28.06.2026. For Petitioner(s):
M/s.T.Jayalakshmi for M/s. Paul And Paul For Respondent(s):
Mr.A.Kumaraguru, Standing Counsel for R1 Mr.J.Harikrishna, Senior Standing Counsel for R2
ORDER
The writ petition is filed seeking a direction to 1st respondent to issue eligibility certificate on or before 11.05.2026 to enable the petitioner to submit his application for Foreign Medical Graduate Examination conducted by the 2nd respondent.
2. According to the petitioner, he acquired his basic medical degree from the University of Visayas, Gullas College of Medicine, Philippines. He completed Doctor of Medicine in the above mentioned University during the academic years 2021-2025 including one month of skill training and 12 months of clinical clerkship. The petitioner was awarded with the degree of Doctor of Medicine on 23.07.2025 which is equivalent to MBBS degree in India.
3. In view of Section 13(4A) of Indian Medical Council Act, 1956, any Indian citizen possessing foreign medical degree must qualify in a screening test to be conducted by the 2nd respondent. As per Section 13(4B) of the said Act, the petitioner is required to submit an eligibility certificate to be issued by the 1st respondent. The last date for submitting the application for admission to Foreign Medical Graduate Test is 11.05.2026. Though the petitioner applied for issuance of eligibility certificate, till date, the same has not been issued. Hence, the petitioner has come forward with the above mentioned petition.
4. Mr.A.Kumaraguru, learned Standing Counsel takes notice for the 1st respondent. Mr.J.Harikrishna, learned Senior Standing Counsel takes notice for the 2nd respondent.
5. The learned Standing Counsel representing the 1st respondent would submit that 1st respondent sought for certain clarification and additional documents from the petitioner by E-mail dated 16.04.2026 and the petitioner submitted additional documents on the very same day and his application is still under process.
6. In view of the statement made by the learned Standing Counsel for the 1st respondent that the petitioner already submitted additional documents sought for by the 1st respondent and his application is still under process, taking into consideration the cut-off date for filing application for Foreign Medical Graduate Examination, this Court is inclined to direct the 1st respondent to process the application submitted by the petitioner and issue eligibility certificate, if he is found eligible, on or before 08.05.2026.
7. With this direction, the writ petition stands disposed of. No costs. 07-05-2026 (2/2) Index: Yes/No Speaking/Non-speaking order nr/veda Note:Issue order copy on 07.05.2026
S.SOUNTHAR, J.
nr/veda To
1. The Secretary National Medical Commission, Pocket -14, Sector -8, Dwarka Phase -1, New Delhi 110 007, India
2. The Director National Board of Examination in Medical Sciences, Medical Enclave, Ansari Nagar Ring Road, New Delhi 110 029 India 07-05-2026 (2/2)