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E.Prabhaharan v. The Secretary

Madras HC7 May 2026WP/18288/2026

Case brief

AI extract

What is this about?

Foreign Medical Graduate Examination (FMGE) eligibility certificate delay; National Medical Commission directed to process application and issue certificate by 08.05.2026 ahead of 11.05.2026 FMGE application cut-off; NBEMS screening test; Sections 13(4A) and 13(4B), Indian Medical Council Act, 1956; Article 226 mandamus; foreign medical degree from University of Visayas, Gullas College of Medicine, Philippines; Madras High Court, Writ Petition No. 18288 of 2026, Justice S. Sounthar; disposed of, no costs.

What did the court decide?

Direction to the 1st Respondent to process the petitioner's application and issue the eligibility certificate, if found eligible, on or before 08.05.2026; writ petition disposed of with no costs. ¶30

E.Prabhaharan Vs The Secretary — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Direction to the 1st Respondent to process the petitioner's application and issue the eligibility certificate, if found eligible, on or before 08.05.2026; writ petition disposed of with no costs.

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Issue for consideration

Whether the 1st Respondent (National Medical Commission) should be directed to issue the petitioner's eligibility certificate before the cut-off date of 11.05.2026 so that he can apply for the Foreign Medical Graduate Examination conducted by the 2nd Respondent.

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Ratio / Principle

Taking into consideration the cut-off date for filing the FMGE application, the Court directed the 1st Respondent to process the petitioner's application and issue the eligibility certificate, if he is found eligible, on or before 08.05.2026.

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Detailed headnote1 paragraphs

Madras High Court (S. Sounthar, J.) — Writ Petition disposed of (07-05-2026). The petitioner, holder of a Doctor of Medicine degree from the University of Visayas, Gullas College of Medicine, Philippines (awarded 23.07.2025), sought a writ of mandamus under Article 226 of Constitution of India compelling the National Medical Commission to issue his eligibility certificate before the 11.05.2026 cut-off for applying to the Foreign Medical Graduate Examination conducted by the National Board of Examinations in Medical Sciences. Under Section 13(4A) of Indian Medical Council Act, 1956 an Indian citizen with a foreign medical degree must qualify in the screening test, and under Section 13(4B) of the said Act an eligibility certificate from the 1st Respondent is required. The petitioner's application (No. Id R.15012/035379/2025 dated 23.09.2025) was pending; the NMC had sought clarifications and additional documents by e-mail dated 16.04.2026, which the petitioner supplied the same day. Considering the cut-off date, the Court directed the 1st Respondent to process the application and issue the eligibility certificate, if the petitioner is found eligible, on or before 08.05.2026; the writ petition stood disposed of with this direction, without costs.

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WP No. 18288 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07-05-2026

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CORAM

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THE HON'BLE MR.JUSTICE S. SOUNTHAR

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WP No. 18288 of 2026

E.Prabhaharan

..Petitioner(s)

The Secretary National Medical Commission, Pocket -14, Sector -8, Dwarka Phase -1, New Delhi 110 007, India

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The Director National Board of Examination in Medical Sciences, Medical Enclave, Ansari Nagar Ring Road, New Delhi 110 029, India

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..Respondent(s)

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Prayer: Writ petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 1^st 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.

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For Petitioner(s): M/s.T.Jayalakshmi for M/s. Paul And Paul

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For Respondent(s): Mr.A.Kumaraguru, Standing Counsel for R1

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Mr.J.Harikrishna, Senior Standing Counsel for R2

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https://www.mhc.tn.gov.in/judis

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WP No. 18288 of 2026

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ORDER

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The writ petition is filed seeking a direction to 1^st 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 2^nd respondent.

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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.

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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 2^nd respondent. As per Section 13(4B) of the said Act, the petitioner is required to submit an eligibility certificate to be issued by the 1^st 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.

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Mr.A.Kumaraguru, learned Standing Counsel takes notice for the 1^st respondent. Mr.J.Harikrishna, learned Senior Standing Counsel takes notice for the 2^nd respondent.

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https://www.mhc.tn.gov.in/judis

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WP No. 18288 of 2026

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The learned Standing Counsel representing the 1^st respondent would submit that 1^st 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.

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In view of the statement made by the learned Standing Counsel for the 1^st respondent that the petitioner already submitted additional documents sought for by the 1^st 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 1^st respondent to process the application submitted by the petitioner and issue eligibility certificate, if he is found eligible, on or before 08.05.2026.

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