Dr. Gajera Jenil Kumar Rameshbhai Vs National Board of Examination in Medical Sciences & Anr.

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$~68

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- LPA 13/2026, CM APPL. 2256/2026, CM APPL. 2257/2026 & CM APPL. 2258/2026

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DR. GAJERA JENIL KUMAR RAMESHBHAI .....Appellant

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Through: Mr. Gautam Singh, Advocate.

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versus

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NATIONAL BOARD OF EXAMINATION IN MEDICAL SCIENCES & ANR. .....Respondents

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Through: Mr.Waize Ali Noor with Mr.Mrinal Kumar Sharma, Mr.Varun Rajawat, Mr.Shashi Suman, Mr.Zillur Rahman, Advs for R-1. Mr.Bishwabandhu, S.C. with Ms.Nish, Adv for R-2.

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CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA

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O R D E R % 14.01.2026

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Heard the learned counsel for the parties.

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This intra-court appeal seeks exception to an order dated 03.12.2025 passed by the learned Single Judge in W.P.(C) 10824/2025, which was filed by the appellant whereby the writ petition has been disposed of on the statement made by learned counsel representing the National Medical Commission (NMC) and National Board of Examination in Medical Sciences (NBEMS).

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Learned Single Judge in his order first notices the statement made on

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This is a digitally signed order.

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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 19/01/2026 at 12:32:23

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behalf of the learned counsel for the NBEMS that admit card shall be issued to the appellant in case the eligibility certificate dated 18.01.2019 is valid and subsisting and has not been withdrawn by the NMC. Learned Single Judge further notices the statement made by learned counsel for the NMC in response to the statement made by learned counsel representing the NBEMS, where it was stated on behalf of the NMC that the eligibility certificate dated 18.01.2019 is a valid document and has not been withdrawn and that the appellant is eligible to appear in Foreign Medical Graduate Examination (FMGE) on the strength of the said certificate.

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In the light of the aforesaid statements made on behalf of the NBEMS and NMC, learned Single Judge in the impugned order has observed that no direction is required to be issued to the NMC for issuance of fresh eligibility certificate. The learned Single Judge also directed the NBEMS to issue the admit card to the appellant on the basis of existing certificate dated 18.01.2019 for FMGE December, 2025.

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It has been stated by learned counsel for the appellant that as a matter of fact the eligibility certificate dated 18.01.2019 contains a wrong description of the year of admission as 2017 and in its place year 2019 ought to be mentioned in the said certificate. He stated that this aspect of the matter has not been considered by the learned Single Judge.

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Learned counsel appearing for the NMC on the other hand has stated that it was a case of transfer and not a fresh admission in the year 2019 and, therefore, year of admission mentioned in the certificate dated 18.01.2019 as 2017 is correct.

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To the aforesaid submission learned counsel for the appellant has drawn our attention to certain applications and documents filed by the

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This is a digitally signed order.

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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 19/01/2026 at 12:32:23

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appellant before the NMC, which, according to the appellant, contain correct facts. He has stated that the said application seeking correction in the eligibility certificate dated 18.01.2019 has not been taken up by the NMC.

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In the aforesaid view of the matter, we dispose of this appeal along with pending applications without interfering with the orders passed by the learned Single Judge, with a direction to the NMC to consider the said application seeking correction in the eligibility certificate dated 18.01.2019 and take appropriate decision thereon within three weeks from today. The decision on the application under this order shall, however, not impact the appearance of the appellant for the FMGE December, 2025.

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We request the learned counsel for the NMC to communicate this order to all concerned forthwith.

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DEVENDRA KUMAR UPADHYAYA, CJ

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TEJAS KARIA, J

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JANUARY 14, 2026 S.Rawat

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This is a digitally signed order.

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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 19/01/2026 at 12:32:23

Dr. Gajera Jenil Kumar Rameshbhai v. National Board of Examination in Medical Sciences & Anr.

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Dr. Gajera Jenil Kumar Rameshbhai v. National Board of Examination in Medical Sciences & Anr.

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