Akhlak Khan Vs Union of India & Anr. — Delhi HC (2025) — LawSathi Research

Akhlak Khan Vs Union of India & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Correction of petitioner's father's name in the final result and Screening Test Pass certificate from 'Kanif Khan' to 'Hanif Khan'; NBEMS to upload/issue the corrected final result and Screening Test Pass certificate to the petitioner within two weeks.

Issue for consideration

Whether the name of the petitioner's father can be corrected in the final result (Screening Test Pass certificate) issued by respondent no.2/NBEMS, notwithstanding the FMGE Information Bulletin clauses relied upon by NBEMS.

Court's answer

From the documents on record, the incorrect father's name ('Kanif Khan' instead of 'Hanif Khan') in the FMGE records resulted solely from a typographical error; the petitioner's supporting documents were not disputed by NBEMS.

Ratio / Principle

There is no legal impediment in correcting the name of the petitioner's father in the final result, as well as, the Screening Test Pass certificate.

Key takeaways

Respondent no.2/NBEMS was directed to correct the petitioner's father's name from 'Kanif Khan' to 'Hanif Khan' in the final result and Screening Test Pass certificate as per the petitioner's record documents, and to upload/issue the corrected documents within two weeks.ratio¶19

Detailed headnote1 paragraphs

Delhi High Court (Vikas Mahajan, J.) disposed of W.P.(C) 12797/2025 filed by Akhlak Khan, who qualified FMGE June-2024 session (165/300 marks) but whose father's name was erroneously entered as 'Kanif Khan' in the application and consequently appeared in the Screening Test Pass certificate issued by NBEMS. NBEMS had refused correction citing clauses 2.5, 8.13, 8.26 and 8.21 of the FMGE Information Bulletin, June 2024 barring any change to name after closure of the edit window, but conceded that it did not dispute the petitioner's Sr. Secondary Certificate (2015) and MBBS Degree (Chittagong Medical University, 30.09.2024) showing the correct name 'Hanif Khan'. Finding the error purely typographical and that there was no legal impediment, the Court directed NBEMS to correct the father's name to 'Hanif Khan' in the final result and Screening Test Pass certificate and to upload/issue the corrected documents within two weeks; pending applications were disposed of and the fixed hearing date of 20.11.2025 cancelled.

$~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

Allowed, subject to all just exceptions.

Application stands disposed of.

CM APPL. 64994/2025

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

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

Application stands disposed of.

W.P.(C) 12797/2025

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

The facts as articulated in the present petition is that the petitioner has completed his Degree in MBBS during the academic

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/10/2025 at 14:16:48

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’.

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.

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.

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

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/10/2025 at 14:16:48

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.

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

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/10/2025 at 14:16:48

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.”

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.

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.

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.

Admittedly, the petitioner has placed on record various documents in support of his claim that the name of his father is ‘Hanif

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/10/2025 at 14:16:48

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’.

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.

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.

The petition is disposed of in above terms.

Pending application, if any stands disposed of.

The date already fixed, i.e., 20.11.2025 stands cancelled.

VIKAS MAHAJAN, J

OCTOBER 15, 2025/ jg

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/10/2025 at 14:16:48