Saturday, July 5, 2025
Latest:
delhihighcourt

SAVALIA RAJAN vs UNION OF INDIA & ORS.

Information

$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 775/2024 & C.M.Nos.45805-45806/2024
SAVALIA RAJAN …..Appellant
Through: Mr.Paras Joshi with Ms.Urvashi
Bhatia, Advocates.
versus
UNION OF INDIA & ORS. …..Respondents
Through: Mr.Kirtiman Singh with Mr.Waize
Ali Noor, Mr.Varun Rajwawat,
Mr.Ranjeev Khatana, Mr.Varun
P.Singh, Mr.Kartik Baijal and
Mr.Maulik Khurana, Advocates for
R-2 & 3.
Mr.T.Singhdev with Mr.Aabhaas
Sukhramani, Mr.Abhijit Chakravarty,
Ms.Anum Hussain, Mr.Bhanu Gulati,
Mr.Tanishq Srivastava, Advocates for
R-3/NMC.
% Date of Decision: 09th August, 2024
CORAM:
HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, ACJ : (ORAL)

1. Present appeal has been filed challenging the order dated 7th August,
2024 passed by the learned Single Judge in W.P. (C) 9402/2024 whereby the
learned Single Judge upheld the email dated 18th June, 2024 sent by
Respondent nos.2 and 3 thereby debarring the Appellant from appearing in
the National Eligibility cum Entrance Examination (Post-Graduate)
Examination, 2024 (NEET PG) scheduled for 11th August, 2024.

2. Learned counsel for the Appellant states that the Appellant completed
his MBBS from University of Northern Philippines – College of Medicine,
Tamag, Vigan City in 2019 and subsequently completed his compulsory
rotatory internship in 2020. He states that the Appellant, considering himself
to be eligible, albeit mistakenly, filled the application form for NEET PG
2023 on 27th January, 2023.
3. He states that on the date of issuance of admit cards for NEET PG
2023, the Appellant received an email dated 05th June, 2023 from
Respondent no.2 in which Appellant was issued show cause notice and an
unfair means case was registered against the Appellant on the ground that
the Appellant had failed to disclose that he had not cleared the Foreign
Graduate Medical Examination (FMGE). He states that on 10th June, 2023,
the Appellant replied to the show cause notice stating that it was a bonafide
mistake, for which he apologised and assured that such mistake would not
be repeated in the future. He further states that on 07th August, 2023, the
Appellant was informed vide email that his candidature for NEET PG 2023
has been cancelled.
4. He states that Respondent no.2 invited applications for NEET PG
2024 on 16th April, 2024, pursuant to which, the Appellant duly submitted
his application. He states that on the date of issuance of admit cards, the
Appellant received mail dated 18th June, 2024 from Respondent no.3
intimating that in continuation of the previous punishment, they have
decided to debar the Appellant for NEET PG 2024 for the offence
committed in NEET PG 2023. He states that the Appellant raised a
grievance on the online communication portal of Respondent no.2 on 19th
June, 2024 and also submitted a written application dated 25th June, 2024 to
the Medical Commission Committee.

5. He states that the Appellant has already suffered and undergone the
penalty imposed by Respondent no.2 in its decision dated 07th August, 2023
vide which the candidature of the Appellant for NEET PG was cancelled
only for 2023 and the Appellant is fully entitled to appear in NEET PG
2024.
6. He states that in the email dated 07th August, 2023, it was nowhere
mentioned that the Appellant would not be entitled to sit for NEET PG
2024.
7. He further states that in WPA No. 15995 of 2024, the High Court of
Calcutta has extended protection to a similarly placed candidate, who was
also misled by the Respondents herein qua the terms of his punishment for
unfair means and was allowed to appear for the NEET PG 2024 exams
subject to final disposal of the writ petition.
8. Having heard the learned counsel for the Appellant and having
perused the paper book, this Court finds that the alleged misinformation by
the Appellant in his application for admission to NEET PG 2023 is a serious
one. The relevant extract of the application form of the Appellant for NEET
PG 2023 is reproduced herein below:-

“…………..
Medical Council Registration Details
Medical Council Medical Council Name of Medical Council
Registration Type Registration Number GUJARAT MEDICAL
PROVISIONAL GPR 66072 COUNCIL
FMG EXAMINATION MARKS
Marks obtained in Year of Passing FMGE FMGE Roll Number
Foreign Medical 06/2022 2211100620
Gradate Examination
(FMGE)/Screening Test
conducted by NBEMS
(Out of 300)
196”

9. From the aforesaid, it is apparent that the Appellant has given false
registration number, month as well as the year of his passing the FMGE, his
marks in the said examination and the name of the Medical Council with
whom he was registered. To say the least, misrepresentation by the
Appellant is a serious one.
10. This Court also finds that the Examinations Ethics Committee of the
Respondents vide Minutes of Meeting dated 13th June, 2023 had
unanimously decided to impose the penalty of debarring the Appellant as
well as similarly placed candidates from appearing ‘in the next NEET PG
examination conducted after the NEET-PG in which the offence has been
committed’. Consequently, the Examinations Ethics Committee had taken a
decision to debar the Appellant and other similarly situated candidates from
appearing in the NEET PG examination not only for the year 2023 but also
for the next year i.e. 2024.
11. This Court is further in agreement with the view of the learned Single
Judge that though there was a miscommunication on the part of NBEMS in
communicating the decision of the Examinations Ethics Committee through
the email dated 07th August, 2023, yet the same being contrary to the
decision of the Examinations Ethics Committee cannot be relied upon by the
Appellant.
12. Moreover, when the Court looks at the ‘big picture’, it finds that the
alleged misinformation (at page 455 of the paper book), as quoted
hereinabove, is not an innocent or minor mistake. It borders on criminality.
13. Consequently, this Court finds no ground to interfere with the
impugned judgment. Accordingly, the same is dismissed along with the
applications.

14. It is clarified that if the Appellant is eligible to sit in the next NEET
PG examination, he shall be allowed to appear in the said exam in
accordance with law.

ACTING CHIEF JUSTICE
TUSHAR RAO GEDELA, J
AUGUST 09, 2024
KA