The development comes after the Ministry of Health and Family Welfare, through its Medical Education (Policy) Division, wrote to the NMC on January 20, 2026, asking it to examine the issue raised by Kerala-based RTI activist Dr KV Babu and take action in accordance with the law. The Ministry also asked the Commission to apprise it of the outcome.
As earlier reported by Medical Dialogues, the NMC had heard 185 appeals filed by doctors but rejected 256 appeals filed by non-Registered Medical Practitioners (non-RMPs)/patients, stating that such appeals were not maintainable under the National Medical Commission Act, 2019.
Non-RMPs could earlier approach the erstwhile Medical Council of India against the State Medical Council decisions; however, the rules were changed after the NMC replaced the MCI.
Now, the Ethics Section of the NMC told the doctor through an official email communication on February 5, 2026, that the matter is being examined, indicating, that the regulatory body is reconsidering the issue of patient appeals in cases of alleged medical negligence and misconduct.
Also read- 185 doctors' challenges heard, 256 non-RMP appeals rejected since 2020: NMC RTI response
Over the last couple of years, Kerala-based Health Activist, Dr Babu, has been contending that the patients have the right to file an appeal against the SMC rulings under Section 8.8 of the Ethics Regulations, 2002.
Section 8.8 of the MCI Ethics Regulations 2002 states, "Any person aggrieved by the decision of the State Medical Council on any complaint against a delinquent physician, shall have the right to file an appeal to the MCI within a period of 60 days from the date of receipt of the order passed by the said Medical Council: Provided that the MCI may, if it is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of 60 days, allow it to be presented within a further period of 60 days."
Thereafter, NMC decided to take up their appeals against the state medical councils' orders. The Commission decided that all appeals by the Ethics and Medical Registration Board (EMRB) would be entertained. NMC mentioned this decision in the minutes of the 16th meeting held on 23rd September 2024. However, despite such a decision, on February 21, 2025, NMC rejected the appeal by a patient from Punjab's Amritsar.
Apart from informing the details of the appeals by doctors and non-RMPs, which were accepted and rejected by the NMC, the Apex Medical Commission also informed that altogether 17 second appeals were filed by doctors against the decisions of EMRB before the NMC.
The Core Dispute
The matter was raised before the Health Ministry by Dr Babu, who submitted a representation regarding the interpretation and applicability of Regulation 8.8 and Regulation 1.9 of the MCI Ethics Regulations, 2002, read with the provisions of the National Medical Commission Act, 2019.
In his representation, he argued that the NMC’s decision taken in its fourth meeting on October 6, 2021, to not allow appeals by patients to the Ethics and Medical Registration Board (EMRB), was legally incorrect.
The doctor further pointed out that, as per an RTI reply received on January 20, 2026, the National Medical Commission Registered Medical Practitioners (Professional Conduct) Regulations, 2023, are currently "in abeyance." He argued that since the 2023 regulations are not in force, the 2002 Ethics Regulations continue to apply, meaning patients should have the right to file appeals.
He urged the Ministry to issue directions to the Ethics and Medical Registration Board (EMRB) of the NMC to decide appeals filed by non-Registered Medical Practitioners against the decisions of State Medical Councils.
Apart from this, the doctor also requested the setting up of an appropriate body to examine the alleged acts of omission and commission by certain Registered Medical Practitioners for contravention of Regulation 1.9 of the MCI Ethics Regulations, 2002.
In response, the Ministry forwarded the doctor's representation to the NMC.
Following the Ministry’s direction, the NMC has now formally stated that the issue is under consideration, marking a significant development in the ongoing controversy.
Commenting on the issue, Dr Babu said, "I believe it is a positive development. EMRB, which had been illegally rejecting the appeals from patients against the SMC decision for more than five years, have decided to examine the matter, following the instructions from the Govt. Hope they will put an end to this illegality & examine all the 256 appeals rejected earlier."
Also read- Health Ministry asks NMC to act on appeals against state medical council decisions
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