NMC reverses its Stand on TEQ norms for non medical teachers, says old rules will be followed

New Delhi: Filing an affidavit before the Delhi High Court, the National Medical Commission (NMC) has reversed its stand on the reduction of permissible percentage of "non-medical" teachers with medical M.Sc/Ph.D qualifications.

The Apex medical commission filed the affidavit in response to a writ petition filed by the National M.Sc Medical Teachers' Association (NMMTA) and other associations and individuals on the guidelines published in the Minimum Requirements for Annual MBBS admissions Regulations, 2020.

Referring to the earlier order issued by the Union Health Ministry in this regard, the Under Secretary of NMC has mentioned in its affidavit dated August 30, 2022, "It is respectfully submitted that in so far as, the challenge to the Minimum Requirements for Annual MBBS Admissions Regulations 2020, and/or the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 as raised in the present writ petition is concerned, the answering respondent after due consultation with the Central Govt. in various meetings, has decided to abide by the decision of the Central Government as communicated vide order dated 03.01.2022."

"The Central Govt. vide its order dated 03.01.2022, has decided that the answering respondent may continue to adopt the old pattern of permissible percentage non-medical teachers for the time being subject to the outcome of the various writ petitions pending adjudication before this Hon'ble Court," added NMC.

Medical Dialogues had been reporting about the issue concerning the appointment of non-medical teachers in non-clinical medical specialties. According to the erstwhile Medical Council of India's Teachers Eligibility and Qualification Guidelines, candidates with medical M.Sc/Ph.d qualifications could be appointed as teachers in five non-clinical specialities to 30% extent (50% for biochemistry) of the total faculty strength.

Back in 2020, after NMC took over MCI, it had released a draft regarding Minimum Requirements for Annual MBBS admissions Regulations, 2020. The draft which was released initially for public feedback was along the lines of MCI norms. However, the finalized notification released through a gazetted notification on October 2020 halved the permissible percentage to 15% in Anatomy, Physiology and Biochemistry and completely removed for Pharmocology and Microbiology disciplines, which affected the Medical M.Sc/Ph.d community.

The gazetted notification on 28th October 2020 by NMC stated, "In the department of Anatomy, Physiology, Biochemistry, non-medical teachers may be appointed to the extent of 15%of the total number of posts in the department subject to non-availability of medical teachers. The above mentioned non-medical teachers and the Statistican in the department of Community Medicine should possess qualification in that particular subject from a recognized university as per requirements in Teachers Eligibility Qualification Regulations."

This resulted in a 65% reduction in Biochemistry, 50% in Anatomy and physiology, and 100% in Microbiology and Pharmacology. The reasons for such a move are thought to be the availability of sufficient medical teachers and the introduction of the new MBBS curriculum.

However, the amendments brought by NMC were heavily criticized by non-medical teachers and students pursuing MSc courses. Demanding immediate rollback of the guidelines, teachers and students had converged at Jantar Mantar under the banner of the National M.Sc Medical Teachers' Association (NMMTA) as a part of the nation-wide protest against the sudden reduction in the percentage of non-MBBS teachers. Raising slogans denouncing NMC, the teachers and students had sought Health Ministry's intervention in the matter.

NMMTA had also submitted a memorandum to the Health Ministry seeking a rollback of the guidelines along with the fulfilment of many other demands. NMMTA had approached NMC in an appeal on 28.02.2021 under the provisions of the NMC Act, 2019. However, NMC in a letter dated 26.07.2021 had informed the association that the appeal was disposed off subject to the pending case in Delhi High Court. The apex medical regulator had also indicated that and appeal could be filed to Central Government under section 9(6) of NMC Act, 2019 against the decision of NMC.

Following this, Dr. Sridhar Rao, the president of the association had approached the Central Government in an appeal dated 07.09.2021 under section 9(6) of the NMC Act. He had pointed out how reducing the number of non-medical teachers is an arbitrary decision. The second appeal responded to the second appeal in favour of the association and restored the previous MCI norms.

After considering the documents and submissions made by NMMTA, the Central Government opined that "NMC may continue to adopt the old pattern of permissible percentage of non-medical teachers for the time being subject to outcome of the pending court case."

Consequently, NMC had also issued a public notice in this regard and mentioned, "In compliance of the above mentioned directions issued by Ministry of Health & Family Welfare vide order dated 03.01.2022, the provisions regarding percentage of non-medical teachers/number of faculty in the Department of Anatomy, Physiology & Bio-Chemistry would continue as per the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998."

However, the concerned NMC notification was held in abeyance by the High Court pending arguments. In the last hearing, NMC had expressed the desire to revert back to the older norms for the "non-medical" teachers. Accordingly, the court asked the NMC to file an affidavit to this effect, which was submitted on Tuesday.

NMC further mentioned in its affidavit, "It is further humbly submitted that the answering respondent in respect of the challenge to the Minimum Requirements for Annual MBBS Admissions Regulations, 2020 and / or the Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022 shall follow the stand of the Central Govt. and also adopt the arguments of the Central Govt. in this regard.

Welcoming the move, Dr. Sridhar Rao, President of the association told Medical Dialogues, "It is heartwarming to see the change of heart in the NMC. It had previously erred in reducing and halting the intake of teachers with medical M.Sc/Ph.D qualifications. Many of our members suffered a lot; many lost jobs and underwent enormous emotional and financial distress. With this turnaround, we are hopeful of a fruitful outcome. The petition filed in November 2020 and listed 15 times will finally see a closure soon. We are extremely grateful to the union government and the NMC for this".

The matter would be heard next on September 1, 2022.

To view the affidavit, click on the link below.

https://medicaldialogues.in/pdf_upload/nmc-affidavit-184766.pdf

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