MBBS graduate who studied Computer Science, not Biology, in +2 sought NMC eligibility registration after completing the course abroad. Her applications were rejected for forged and fabricated documents. The Division Bench upheld rejection, noting unclean hands disentitles relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2025:MHC:1186
WA No. 2669 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-03-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR
WA No. 2669 of 2024
M.Sujatha
Appellant(s)
Vs
1.National Medical Commission Rep. by its Secretary, Undergraduate Medical Education Board, Pocket-14, Sector-8, Dwarka, phase-I, New Delhi - 77.
2.National Board of Examinations in Medical Sciences Rep. by its Chairperson, Medical Enclave, M.G.Marg, Ring Road, Ansari Nagar, New Delhi - 110 029.
Respondent(s)
WA No. 2669 of 2024
PRAYER
WA No. 2669 of 2024
To set aside the impugned order dated 05-07-2024 in WP.No.3859/2024.
WA No. 2669 of 2024
For Appellant(s): Mr.N.Subramaniyan
For Respondent(s): Ms. Subharanjani Ananth For R1
JUDGMENT
(Judgment was delivered by S.M.Subramaniam J.)
The Intra-Court appeal on hand has been instituted by the unsuccessful
writ petitioner. The application submitted by the appellant before the 1st respondent National Medical Commission, having been rejected, the writ
petition came to be instituted.
have been possessed by the appellant is equivalent to the Biology subject in the +2 examination. The facts remains that the appellant has not studied Biology subject in her +2 course but later passed Diploma in Pharmacy. She secured admission to an MBBS course in foreign country (Kyrgyztan) and after completing the course, submitted an application before the 1st respondent for an
eligibility certificate to register her name with the National Medical
WA No. 2669 of 2024
Commission (NMC). As per the regulations, the eligibility certificate must be
obtained prior to securing admission to MBBS course in any foreign countries.
However, in the present case, the appellant completed the MBBS course in a foreign country and submitted an application seeking a No Objection Certificate
(NOC). The very application per se is untenable and violative of regulations.
has manipulated the mark statements of issued by the Board for Higher Secondary Education and the relevant paragraphs are as under:
“43. Coming to the argument on equivalence,
no application has been made by the petitioner seeking equivalence and in such circumstances, I cannot find fault with R1 for not having looked into
the question of equivalence. The mere mention in the application form of D.Pharm would hardly suffice and it would be asking too much of an authority to take action in regard to equivalence merely by virtue of a passing reference in the application. This argument is also rejected.
44. Though I have adverted to the legal issues
WA No. 2669 of 2024
in depth, I address peripherally, for the sake of completion, the issue with regard to manipulation of documents as well. This Court is hard~pressed to accept the justification put forth in regard to the manipulation of documents.
45. In the interests of clarity, I chronicle the manipulation again. The petitioner had submitted an application bearing no. No.R.15012/022376/2022 0 Regn. dated 15.07.2022, accompanied with a 12th standard mark sheet wherein the words 1computer science2 had been masked and the word 1biology2 inserted to make it appear that the petitioner had the required eligibility.
46. This application was rejected vide order dated 16.08.2023 that reads thus:
1 'Section Decision: Reject Section Remarks: The documents as submitted by you are found forged or fabricated and found inconsistent from each other in online portal are does not seem identical. Hence, the application stand closed/rejected.'
47. The second application form bearing No.R.15012/026566/2023 0 Regn. dated 30.08.2023 came to be rejected vide order dated 01.02.2024, the
WA No. 2669 of 2024
contents of which have been extracted at paragraph 8 above.
48. The entire blame in regard to the admitted
manipulation has been laid upon a staff of the browsing centre. This Court is entirely unconvinced as to why the staff of a browsing centre would manipulate the petitioner2s application unilaterally unless instructed to do so. However, since the legal, and other substantive issues have been decided adverse to the petitioner, I see no reason to dilate upon this aspect of the matter and leave this issue at that.”
serious manipulations by tampering with the mark statements and further provided false informations in the applications.
this Court with reference to the contradictions, forgeries and fabrications
committed by the appellant at various stages, which have been clearly set out in
WA No. 2669 of 2024
counter filed by the respondent before the Writ Court. The fabrications,
forgeries are as follows:
| S.No of the Applications |
Application ID: R.15012/022376/2022 |
Ap R.150 |
plicat 12/02 |
ion ID: 6566/2023 |
|---|---|---|---|---|
| Date of Submission: 15.07.2022 |
Date |
of Su 30.08. |
bmission: 2023 |
|
| 9. | Aadhar No: 9036 4718 7438 | Aadhar No | : 9036 | 4718 7138 |
| 12. | Category: Other Other Category: BCC |
Category: Other Cate |
SC gory: |
NA |
| 13. | Visible Identification Marks: 1. Right side Neck Scar |
Visible Ide 1. Mole |
ntifica on the |
tion Marks: left ring finger |
| 2. Mole on Nose | 2. Neck | Scar o | n the right side | |
| 17. | 11 thClass Details |
11 thClass D |
etails | |
| Certificate | Certificate | |||
| _Date:_06.03.2017 | _Date:_25.0 | 5.199 | 4 | |
| Maximum Marks: | Maximum | Mark | s: | |
| English: 200 (Theory), NA (Practical) |
English: |
200 | (Theory), NA | |
| Physics: 200 (Theory), NA (Practical) |
(Practical) | |||
| Chemistry: 200 (Theory), NA (Practical) |
Physics: (Practical) |
150 | (Theory), 50 | |
| Biology: 200 (Theory), NA (Practical) |
Chemistry: |
150 | (Theory), 50 | |
| PCB Total: 600 (Theory), NA |
(Practical) |
|||
| (Practical) | Biology: | 70 | (Theory), 30 | |
| Marks Obtained: | (Practical) | |||
| English: 104 (Theory), NA (Practical) |
PCB Total | : 370 |
(Theory), 130 | |
| Physics: 109 (Theory), NA (Practical) |
(Practical) | |||
| Chemistry: 105 (Theory), NA |
Marks Obt |
ained: | ||
| (Practical) | English: |
119 | (Theory), NA | |
| Biology :176 (Theory), NA (Practical) |
(Practical) | |||
| PCB Total: 390 (Theory), NA |
Physics: |
73 | (Theory), 37 | |
| (Practical) | (Practical) | |||
| Result(%) | Chemistry: |
61 | (Theory), 38 | |
| English: 52.00 |
(Practical) |
WA No. 2669 of 2024
| S.No of the | Application ID: | Applicati | on ID: |
|---|---|---|---|
| Applications | R.15012/022376/2022 | R.15012/026 | 566/2023 |
| Physics: 54.50 |
Biology :52 |
(Theory), 18 | |
| Chemistry :52.50 |
(Practical) | ||
| Biology :88.00 |
PCB Total: 186 |
(Theory), 93 | |
| PCB Total: 65.00 |
(Practical) Result(%) English: 59.50 Physics: 55.00 Chemistry :49.50 Biology :70.00 PCB Total: 55.80 |
||
| 18. | 12 thClass/ Intermediate or 10+2 details Maximum Marks: |
12 thClass/ Interm details |
ediate or 10+2 |
| English: 200 (Theory), NA (Practical) |
Maximum Marks | : | |
| Physics: 200 (Theory), NA (Practical) |
English: 200 |
(Theory), NA | |
| Chemistry: 200 (Theory), NA |
(Practical) |
||
| (Practical) | Physics: 150 |
(Theory), 50 | |
| Biology: 200 (Theory), NA (Practical) |
(Practical) | ||
| PCB Total: 600 (Theory), NA |
Chemistry: 150 |
(Theory), 50 | |
| (Practical) | (Practical) | ||
| Marks Obtained: | Biology: 70 |
(Theory), 30 | |
| English: 119(Theory), NA (Practical) |
(Practical) | ||
| Physics: 110 (Theory), NA (Practical) |
PCB Total: 370 |
(Theory), 130 | |
| Chemistry: 99 (Theory), NA |
(Practical) |
||
| (Practical) | Marks Obtained: | ||
| Biology :181 (Theory), NA (Practical) |
English: 119( |
Theory), NA | |
| PCB Total: 390 (Theory), NA |
(Practical) |
||
| (Practical) | Physics: 73 |
(Theory), 37 | |
| Result(%) | (Practical) | ||
| English: 59.50 |
Chemistry: 61 |
(Theory), 38 | |
| Physics: 55.00 |
(Practical) | ||
| Chemistry :49.50 |
Biology :52 |
(Theory), 18 | |
| Biology :90.50 |
(Practical) | ||
| PCB Total: 65.00 |
PCB Total: 186 |
(Theory), 93 | |
| (Practical) | |||
| Result(%) | |||
| English: 59.50 |
|||
| Physics: 55.00 |
WA No. 2669 of 2024
| S.No of the | Application ID: | Application ID: | |
|---|---|---|---|
| Applications | R.15012/022376/2022 | R.15012/026566/2023 | |
| Chemistry :49.50 Biology :70.00 PCB Total: 55.80 |
|||
| 19. | B.Sc Exami |
or any other University nation: |
B.Sc or any other University Examination: |
| NA | College: Tirupur Kalaimagal | ||
| College of Pharmacy Date of Joining: 2000 |
|||
| Date of Passing: 2002 |
documents produced by the appellant, the Writ Court found that the manipulations resulted in rejection of the application by the respondents, and
thus, there is nor infirmity. The appellants studied Computer Science in the +2
course but erased the subject and mentioned as Biology .
verification it is found that the appellant is not the bona fide student of the
school in which she allegedly completed her school education. The entire facts
produced by the appellant before the authorities were found to be false and
WA No. 2669 of 2024
frivolous, and the documents were found to be forged and manipulated.
Pertinently, those documents were produced before the Writ Court for consideration. A person approaching the Court with unclean hands is not entitled for any relief from the Courts. Documents found to be fabricated and manipulated by the litigant are sufficient grounds for the purpose of rejecting
the writ petition at the outset, without going into the merits of the matter.
lenient view, this Court is not inclined to go to such an extent. On merits the appellant has not established even a semblance of a legal right for the purpose
of assailing the writ order impugned.
WA No. 2669 of 2024
connected Miscellaneous Petition is closed. There shall be no order as to costs.
(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 26-03-2025
Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No
WA No. 2669 of 2024
WA No. 2669 of 2024
To
1.National Medical Commission Rep. by its Secretary, Undergraduate Medical Education Board, Pocket-14, Sector-8, Dwarka, phase-I, New Delhi - 77.
2.National Board of Examinations in Medical Sciences Rep. by its Chairperson, Medical Enclave, M.G.Marg, Ring Road, Ansari Nagar, New Delhi - 110 029.
WA No. 2669 of 2024
S.M.SUBRAMANIAM J.
AND
K.RAJASEKAR J.
Jeni
WA No. 2669 of 2024
26-03-2025
2 issues framed by the court
Whether a Diploma in Pharmacy is equivalent to Biology at +2 level for MBBS eligibility registration with NMC.
Whether an applicant who manipulated mark statements is entitled to relief despite having completed MBBS abroad without prior eligibility certificate.
M.Sujatha
National Medical Commission
National Board of Examinations in Medical Sciences
S. M. Subramaniam
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
