Natasha Vipul Mishra vs National Medical Commission & Ors.

$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: October 30 , 2026
# CNR No. DLHC010524172026
+ W.P.(C) 16119/2026, CM APPL. 75431/2026 & CM APPL.
75432/2026
NATASHA VIPUL MISHRA .....Petitioners
Through: Mr. Gautam Singh, Adv.
versus
NATIONAL MEDICAL COMMISSION
& ORS. .....Respondents
Through: Mr. Bishwa Bandhu, SC with
Ms. Nisha & Ms. Kumari
Aastha, Advs. for R1
Mr. Waize Ali Noor, Mr.
Mrinal Kumar Sharma & Mr.
Zillur Rahman, Advs. for R2
Ms. Manisha Agrawal Narain,
CGSC with Mr. Nipun Jain,
Adv. for R1 & R2
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
AMIT MAHAJAN, J. (Oral)
1. By the present petition, the petitioner essentially seeks issuance
of a direction to Respondent No. 1 to issue the ‘ Eligibility Certificate ’
to the petitioner so as to enable the petitioner to appear in the Foreign
Medical Graduate Examination (‘FMGE’) October 2026 Session.
2. Briefly, the petitioner passed her senior secondary examination
from CBSE Board on 02.05.2019. Thereafter, as claimed in the
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petition, at some time in the year 2019, the petitioner applied for
“ Physician M.D. General Medicine” Course in Rosotov State Medical
University, Ministry of Health of the Russian Federation. The
petitioner was conferred with Physician M.D. Degree in General
Medicine on 30.06.2026.
3. The petitioner thereafter applied for Eligibility Certificate on
the portal of Respondent No. 1 on 23.09.2026.
4. Subsequently, the petitioner filled the application for the FMGE
October 2026 examination whereafter the petitioner, by
communication dated 17.10.2026, was informed that her application
was deficient as the petitioner had failed to furnish the Eligibility
Certificate .
5. The petitioner consequently seeks a direction to Respondent
No. 1 to issue an ‘ Eligibility Certificate ’ to the petitioner so as to
enable her to participate in the FMGE October 2026 Session.
6. The learned counsel for Respondent No. 1 submits that the
petitioner cannot claim an automatic or vested right to issuance of
Eligibility Certificate merely upon submission of the application. He
submits that the Eligibility Certificate can be issued only if the
candidate fulfils all the eligibility criterion.
7. On the other hand, the learned counsel for Respondent No.2
submits that in terms of Section 13(4B) of the erstwhile Indian
Medical Council Act, 1956 as well as the applicable regulations, the
petitioner was required to obtain an Eligibility Certificate prior to
joining an undergraduate medical course in any foreign institution. He
relies upon the judgment of a Coordinate Bench of this Court in the
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KAUR
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case of Hemica Rani Singh v. National Medical Commission :
2024:DHC:4699 and submits that obtaining Eligibility Certificate
before joining the medical course abroad is a prerequisite for the
candidate to be eligible to appear in the FMGE for practicing in India
as a medical professional. He submits that since the petitioner failed to
apply for the Eligibility Certificate prior to joining the medical course
in the foreign institution, the petitioner is ineligible to appear in the
FMGE October 2026 Session.
8. He submits that even otherwise, in terms of Regulation 4(2A) of
the Screening Test Regulations, 2002 and Regulation 8(iv) of the
Foreign Medical Institution Regulations, 2002 and clause 4.6.2 of the
Information Bulletin, the petitioner ought to have qualified the NEET
UG examinations, the result of which would have then been deemed
to be treated as Eligibility Certificate . He submits that the petitioner
neither submitted the requisite Eligibility Certificate nor her NEET
UG Score card within the stipulated time period. He consequently
submits that the petitioner is ineligible to appear in the FMGE October
2026 Session Examination.
9. Having taken note of the rival contentions of the parties and
careful sifted the record, this Court is of the opinion that no relief can
be granted to the petitioner in the facts of the present case.
10. The genesis of FMGE as a screening test for candidates who
obtained their medical qualification in any country outside India and
were desirous of enrolment as a practitioner in India stems from
Section 13 (4A) and (4B) of the erstwhile Indian Medical Council Act,
1956 which prescribes as follows:
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KAUR
Signing Date:02.11.2026
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“13 (4A) A person who is a citizen of India and obtains medical
qualification granted by any medical institution in any country
outside India recognized for enrolment as medical practitioner in
that country after such date as may be specified by the Central
Government under sub-section (3), shall not be entitled to be
enrolled on any Medical Register maintained by a State Medical
Council or to have his name entered in the Indian Medical Register
unless he qualifies the screening test in India prescribed for such
purpose and such foreign medical qualification after such person
qualifies the said screening test shall be deemed to be the
recognised medical qualification for the purposes of this Act for
that person.
(4B) A person who is a citizen of India shall not, after such date as
may be specified by the Central Government under sub-section (3),
be eligible to get admission to obtain medical qualification granted
by any medical institution in any foreign country without obtaining
an eligibility certificate issued to him by the Council and in case
any such person obtains such qualification without obtaining such
eligibility certificate, he shall not be eligible to appear in the
screening test referred to in sub-section (4A):
Provided that an Indian citizen who has acquired the medical
qualification from foreign medical institution or has obtained
admission in foreign medical institution before the commencement
of the Indian Medical Council (Amendment) Act, 2001 shall not be
required to obtain eligibility certificate under this sub-section but,
if he is qualified for admission to any medical course for
recognized medical qualification in any medical institution in
India, he shall be required to qualify only the screening test
prescribed for enrolment on any State Medical Register or for
entering his name in the Indian Medical Register.”
11. Section 13(4B) makes it abundantly clear that a citizen of India
shall not be eligible to get admission to obtain a primary medical
qualification granted by any medical institution in a foreign country
without obtaining an Eligibility Certificate. It further stipulates that in
the event that such candidate obtains the qualification without
obtaining such eligibility certificate, he shall not be eligible to appear
in the screening test. The said criterion was examined by a Coordinate
Bench of this Court in the case of Hemica Rani Singh v. National
Medical Commission (supra) where it was categorically observed that
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KAUR
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the eligibility regulations envisaged obtaining of Eligibility Certificate
only prior to taking admission in the medical course, and it was
observed as follows:
“50. In fact, there is no provision in any Statute, Rule or
Regulation which permits application for an Eligibility Certificate
after the candidate has already obtained a PMQ from a Foreign
Medical Institution. The Eligibility Certificate has to be obtained
prior to joining the medical course abroad. If it is not obtained at
that stage, it cannot be obtained later. Regulation 4(2) of the
Screening Test Regulations do not permit a candidate to apply for
an Eligibility Certificate after having obtained the PMQ from the
foreign medical institution .”
12. The said position of obtaining Eligibility Certificate from the
Council was however modified by way of a notification dated
01.03.2018 which inserted the following clause in Regulation 4 of the
Screening Test Regulations, 2002:
“2(A) Indian Citizens/Overseas Citizen of India intending to obtain
primary medical qualification from any medical institution outside
India, on or after May 2018, shall have to mandatorily qualify the
‘National-Eligibility-cum-Entrance Test for Admission to MBBS
course’. The result of the ‘National-Eligibility-cum-Entrance Test
for Admission to MBBS course’ shall deem to be treated as the
Eligibility Certificate for such persons, provided that such persons
fulfils the Eligibility Criteria for admission to the MBBS course
prescribed in the Regulations on Graduate Medical Education,
1997.”
13. In terms of the aforementioned clause as quoted supra , Indian
citizens and overseas citizen of India intending to obtain a primary
medical qualification from any medical Institution outside India on or
after May 2018 is mandatorily required to qualify the NEET
examination, and their result in the said examination would be deemed
to be treated as Eligibility Certificate for such candidate.
14. Similar insertion was also made under Regulation 8(iv) of the
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KAUR
Signing Date:02.11.2026
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Foreign Medical Institution Regulations, 2002 which provided the
following:
In regulation 8 under heading “Eligibility Criteria”, the following
Clause (iv) has been added after Clause 8(iii) in terms of
Notification published on 01.03.2018 in the Gazette of India.
“(iv) Indian Citizens/Overseas Citizen of India intending to obtain
primary medical qualification from any medical institution outside
India, on or after May 2018, shall have to mandatorily qualify the
‘National-Eligibility-cum-Entrance Test for Admission to MBBS
course’. The result of the ‘National-Eligibility-cum-Entrance Test
for Admission to MBBS course’ shall deem to be treated as the
Eligibility Certificate for such persons, provided that such persons
fulfils the Eligibility Criteria for admission to the MBBS course
prescribed in the Regulations on Graduate Medical Education,
1997.”
15. Consequently, post the amendment, any candidate desirous of
obtaining primary medical qualification from any medical institution
outside India, on or after May 2018, shall have to mandatorily qualify
the NEET examination.
16. The said addition under Regulation 8(iv) of the Foreign Medical
Institution Regulations, 2002 came up for consideration before the
Hon’ble Apex Court in the case of Arunaditya Dubey v. Medical
Council Of India and Anr : Writ Petition (Civil) No. 1205/2019 ,
and by judgment dated 04.02.2025, the Hon’ble Apex Court while
affirming the validity of the said amendments observed as follows:
“4. The regulation has been brought in, invoking the power under
Section 33 of the Act which empowers the Council, with the
previous sanction of the Central Government, to make any
regulation generally to carry out the provisions of the Act. The
requirement of an Eligibility Certificate from the Medical Council
had been provided by section 13(4B) by an amendment in the year
2001 and the incorporation of sub-Clause (iv) under Clause 8 in
the year 2018; mandating qualification in the NEET exam, ensures
a fair and transparent procedure in the grant of Eligibility
Certificate. The regulation does not in any manner conflict with the
enactment.
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KAUR
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5. We find absolutely no reason to interfere with the regulations, in
which context, the learned counsel sought for a one-time exemption
as applicable to the petitioners. Obviously, with open eyes, after
the amended regulations came into effect if any candidate chose to
obtain admission in a foreign institution for pursuing a course
leading to a primary medical qualification, they cannot seek for an
exemption from the regulations; which lays down essential
eligibility criteria for practicing medicine within the Country. This
does not restrict their right to practice anywhere outside India. The
regulations, especially the additional mandate to satisfy the
eligibility criteria, is not ultra vires the Constitution and neither is
it in conflict with any provisions of the Act nor on any count
arbitrary or unreasonable. Hence, all the petitions are dismissed.”
17. Pertinently, in that regard, Clause 4.6.2 of the Information of
the Bulletin for FMGE October 2026 stipulated the following:
“In terms of notification published on 01.03.2018 in the Gazette of
India, “Indian Citizens / Overseas Citizen of India intending to
obtain primary medical qualification from any medical institution
outside India, on or after May 2018, shall have to mandatorily
qualify the ‘National-Eligibility-cum- Entrance Test for Admission
to MBBS course’. The result of the ‘National- Eligibility-cum
Entrance Test for Admission to MBBS course’ shall deem to be
treated as the Eligibility Certificate for such persons, provided that
such persons fulfils the Eligibility Criteria for admission to the
MBBS course prescribed in the Regulations on Graduate Medical
Education, 1997.”
18. As is discernible from the facts laid down in the pleadings, the
petitioner claims to have joined the foreign medical course in the year
2019. The petitioner was consequently required to have qualified in
the NEET UG examinations in terms of Regulation 4(2A) of the
Screening Test Regulations, 2002 as well as Regulation 8(iv) of the
Foreign Medical Institution Regulations, 2002 as further provided in
Clause 4.6.2 of the Information of the Bulletin for FMGE October
2026. Further, the result of the said examination shall be deemed to be
treated as the Eligibility Certificate.
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KAUR
Signing Date:02.11.2026
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19. It is borne out from the record that the petitioner has failed to
produce a qualifying NEET Score card or any requisite Eligibility
Certificate.
20. In the light of the aforesaid, in the absence of requisite
Eligibility Certificate/NEET UG Score Card, the petitioner herein is
ineligible to appear in the FMGE October 2026 Session.
21. Consequently, no ground to exercise jurisdiction under Article
226 of the Constitution of India is made out.
22. The present petition is accordingly dismissed. Pending
applications also stand disposed of.
AMIT MAHAJAN, J
OCTOBER 30, 2026
“SS”
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Signed By:HARMINDER
KAUR
Signing Date:02.11.2026
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