Delhi High Court allows a Bangladeshi citizen to appear in NEET-PG 2022
Delhi High Court has recently allowed Dr. Debjani Roy, a Bangladeshi citizen to appear for her NEET-PG exam on May 21, 2022, based on her X-1 Visa issued by FRRO (Foreign Regional Registration Office).
A bench of Justice Rekha Palli, permitted Roy to appear in the NEET-PG examination stating,
“…..in case the petitioner falls in the merit list of the NEET PG entrance exam, 2022, for any course other than MPH, for which course she has been specifically issued the visa on March 24, 2022, by the FRRO, the petitioner will be allowed to pursue the said course, only subject to her obtaining permission from the FRRO for undergoing the same”.
Roy was seeking direction from the respondent parties to allow her to appear in the NEET PG entrance exam, 2022 scheduled to be held on May 21, 2022, based on the X-1 Visa held by her, issued by the FRRO.
The counsel for Roy submitted that during the pendency of the present petition, she had been issued a special permit/visa on March 24, 2022, by FRRO, whereby she has been allowed to undertake studies in Masters in Public Health (MPH) course.
V C Shukla, the counsel for Roy argued that, as Roy had been granted permission to undertake the MPH course, she is permitted to appear for the NEET-PG entrance exam 2022 as well, which is a mandate for qualifying for the aforementioned course.
Shukla placed reliance on Clause 4.11 of the Information Bulletin for NEET PG, 2022, about the eligibility criteria for foreign nationals. It was further submitted that even the Information Bulletin ‘does not mandate’ a foreign national to obtain a study visa to appear in the said exam.
On the contrary, the counsel for the respondent parties submitted that even if Roy qualifies for the NEET-PG exam 2022, she will be permitted to undergo only the MPH course as she is only permitted to pursue the aforementioned course under the X-1 Visa.
“……the parties are ad idem that the petitioner is now eligible to appear in the NEET PG, 2022 entrance exam. The petitioner, who is a holder of an X-1 Visa, having now been granted a further visa to undergo the MPH course, there is every possibility that in case she succeeds in the NEET-PG 2022 exam, she may again be granted a similar visa to undergo any other course, if found to be eligible for the same, based on her performance in the NEET-PG entrance exam”, the bench, however, observed.
Court further cleared that, it has neither examined nor expressed any opinion on Roy's grievance related to the Draft Regulations for Foreign Medical Graduates, 2021 (FMG Regulations), or the eligibility of foreign nationals to appear in the National Exit Test 2 (NExT2) under regulation 3.2.
Court concluded, “In case the petitioner is aggrieved at a later stage by any decision taken by the respondents, it will be open for her to seek legal recourse as permissible in law on all grounds, including the grounds raised in the present petition”.
Case Title: Dr. Debjani Roy v. Union of India and Anr.