75 percent attendance deprives faculties of legitimate leave rights: Doctors oppose NMC rules

New Delhi: Opposing the National Medical Commission's (NMC) rule of insisting on 75% attendance for the medical college faculties, and resident doctors, the Tamil Nadu Government Doctors' Association (TNGDA) has recently written to the President of the Undergraduate Medical Education Board (UGMEB) of NMC.

The association highlighted that such a mandatory requirement regarding the percentage of attendance deprives the faculties and residents in medical colleges of their legitimate leave rights. Therefore, TNGDA urged NMC to withdraw the concerned rule and instead insist on the maximum limit of vacancy-days for each post and each cadre in all departments. The association has also opposed the enforcement of AEBAS.

As per the NMC rules, the undergraduate and postgraduate medical colleges imparting medical education must ensure that their faculties have 75% attendance of the total working days.

In the UG-MSR 2023 document, NMC specified that all the medical colleges should install an Aadhaar-Enabled Biometric Attendance System (AEBAS) to be linked to Command and Control center of NMC and the daily AEBAS of the required staff (faculty, residents and supporting staff), preferably along with face linked recognition, shall be made available to NMC as well as on the Medical College Website in the form of daily attendance dashboard.

Further, the NMC guidelines also specified that it shall be mandatory for medical colleges to have at least 75% of the total working days (excluding vacations) for all faculty and resident doctors.

Again in the PGMSR-2023 document, which was notified by the NMC on 15.01.2024, the Commission made it mandatory for the faculties in the medical colleges to have at least 75% attendance of the total working days. NMC further clarified that the medical college faculties shall work full-time and they shall not engage in private practice during the college hours.

However, TNGDA has opposed the enforcement of AEBAS to the medical faculties highlighting that it infringes the privacy of the individual and in addition concerns the data security. The association argued that while NMC is enforcing AEBAS on all teaching faculties and residents, a mandatory clicking of accepting to the terms and conditions deceptively makes it voluntary. TNGDA has opposed "such deceptive acceptance sought from all faculties without the display of those terms and conditions."

"...while the TNGDA requests the guidelines on AEBAS and the leave rules for faculties, it reserves the right to oppose the enforcement of AEBAS on the grounds of violation of privacy, security of data and for other reasons," the association mentioned in its letter directed to the UGMEB President.

Referring to the recent show cause notices sent by UGMEB to various medical colleges, the association mentioned that on analysis of the report enclosed with the show cause notice for each college, many full-time dedicated faculties have not been counted as they fell short of 75% attendance. After analysing the reports, the association noted that the UG Board has used an empirical calendar of working days and holidays for the said month did not have the actual working days/holidays of govt colleges of Tamil Nadu, the vacancies were identified among faculties and residents and arrived as deficiencies, Junior Residents in clinical departments were not considered at all, many available faculties and residents were considered ineligible as they availed permissible short leave or underwent tour for academic or administrative or statutory or legal purposes, some were not considered as they went on EL, Medical and Maternity leave, some were counted as AP, instead of SR/Tutor/JR due to administrative mistakes in designating the faculty/residents/tutors and in some mistake in the designation entered in AEBAS.

Also Read: Ensure 75 percent faculty attendance or lose recognition: NMC warns medical colleges

Further, TNGDA also highlighted that UGMEB has accepted a mandatory 75% attendance system for the employees and faculties, which has not been adopted anywhere in govt or private (including all UGC faculties, Central and State Government employees including that of NMC).

"It is obvious that such high percentage of attendance (in a syllabus with curriculum hours between 1500 to 1750 hours per year), will automatically deprive them of all permissible leave allowed. (The MBBS curriculum is heavy with 1500 to 1750 hours per year). Presuming that such percentage is fixed to avoid Ghost and part-time faculties, an alternative method without affecting the rights of the faculties will be limiting the vacant days in each post and cadre. (ie fixing maximum vacancy- each post in each cadre in all departments)," highlighted the association.

Apart from these, the association further referred to several other issues urging the Commission to consider them and offer clarification in that respect. The association pointed out that the AEBAS individual attendance details are routinely shared on in website or social media by Deans, and termed it to be grossly violative of right to privacy. "Who will be responsible for such breach in data security. Deans are posting excel copy of daily attendance of all faculties in Whatsapp," questioned the association.

The association has also urged NMC to release a calendar of activities each year with details of working days, holidays, vacation for students and teachers. TNGDA has questioned whether NMC can issue calendar of uniform working days/holidays for each year, if the faculties can work 5 days a week and residents 6 days a week and get weekly holiday on rotation with compensatory leave for working on holidays.

It has also questioned whether faculties could follow the same work pattern of a faculty in AICTE or UGC including summer and winter vacations. Clarification has also been sought regarding the leave and holidays available for Junior Residents, Senior Residents and Tutors, Sabatical leave for conferences, CME and credit hours, research papers, Basic/advanced medical research workshop, training, upgrading skill etc.

"State Government medical colleges have their own holidays and leave rules abiding by the general leave rules applicable to permanent and temporary faculty. If 75% attendance is enforced on each faculty, they cannot avail the leave rights like Earned and Unearned leaves, Maternity Leave, Medical leave, maternity leave, LTC and vacations etc," highlighted the association.

"After the recent notice, some Deans have issued circular restricting the faculty from availing needed leave which means violative of human rights and the State and Central Government leave rules," it added.

TNGDA highlighted that the academic activities such as training like Basic Course of Medical Research, Examinership, NMC Assessor, Attending CME and Conferences as mandates by NMC, experts to State Medical Councils, Government bodies, NMC as respondent, witness, opinions, framing curriculum etc. course of law/Judicial Commissions as respondent, witness, administrators, experts etc, VIP convoy to President PM Governors, CMs etc are done on tour entries in AEBAS but get considered as absent.

Similarly, administrative activities done on tour entries in AEBAS such as review meetings by Minister, Secretary, Director, Collectors, other Authorities, Death Audit meetings by the above, National and State Health Scheme meetings NMC/University/Government Meetings/State Medical Council Meetings and other authority meetings also get considered as absent.

"NMC has not recommended or issued guidelines on Pay, Leave, Working time nor contributing funds towards Pay and remuneration for Faculties. Can it demand 75% attendance for faculties. What if a faculty avails medical or maternity or quarantine/ isolation leave (radiation leave)," mentioned the association.

The association also highlighted that the Ministry of Electronics and Communication, Govt of India in its circular on AEBAS has stated that If a govt staff late to duty by 10 minutes he has to compensate that 10 minutes by working late on any of the days in next week. Also the superior officer can permit upto 20 minutes permission depending on the case.

Referring to this, the association questioned if the same rule is applicable to faculties and residents. "A faculty can avail 1 hour permission to come late or go early for two days a month as per state govt rules and be eligible for attendance that day. Anything more than two hours means deduction of ½ a day CL. Can a staff avail the same," questioned TNGDA.

"Do the Deans, Vice Principal, Medical Superintendent have AEBAS? If so what percentage? What about tours for admin purposes. Do the nurses, counsellors, physicists etc as mandated by NMC for a medical College punch AEBAS? In many institutions the nurses and other key staff are grossly inadequate affecting the management of patients," it added.

In UGC regulations like NMC stipulations, every student should have 75% attendance in respective semester (of around total 200 working days in a year). But the UGC teachers though appointed as per UGC norms for each course, those faculties are eligible for all duty leave upto 30 days in a year like CL, orientation programme, refresher courses, conference, induction programme, seminar, symposium, congresses, participating in meetings with government, university, UGC, sister universities or academic bodies. Also they are eligible for Study leave, Sabatical leave, academic leave, vacation apart from earned leave, half pay leave, extraordinary leave and unearned leave. Importantly there is no minimum attendance fixed, though the ceiling for each leave has been fixed, pointed out the association.

"But unfortunately in the recent calculation of leave adopted by the UG Board, the 75% attendance has been fixed for each faculty. Nowhere in Govt service either in Centralor State Governments such eligibility for being a faculty has been specified. Also in the UG Board calculation most legitimate leave nor tour were counted for attendance," TNGDA highlighted in the letter.

Opposing the "inhumane, impractical mandatory attendance fixed for medical faculties", the association mentioned that if NMC wants to increase the total working dats from around 200 days per year for students (UGC recommendations for arts, science, and technical students is around 200 days per year), that is against the welfare of medical students and teachers. 

"With 7000 hours of classes over 54 months in MBBS course, the syllabus is already heavy. So, if the curriculum cannot be covered within 200-225 days in a year, the NMC has to resort to increase the duration of the course but can't increase the duration / working days at the cost of the welfare of students and teachers. In case if NMC is particular on the availability of faculties to effectively cover the syllabus within that time, it should increase the number of faculties at each department as leave reserve, considering the average leave duration taken by faculties in a department," mentioned the association.

Urging NMC to withdraw the rule of mandatory 75% attendance, it further added in the letter, "TNGDA reiterate that the faculties are eligible for all leave applicable to them as per leave rules followed in central/ state government offices and/or in UGC Colleges. Hence TNGDA requests the NMC to withdraw the percentage of attendance fixed for faculties/ residents and instead insist on the maximum limit of vacancy-days for each post and each cadre in all departments. The faculties should be allowed to avail all legitimate leave as given for State/ Central governments or UGC/AICTE institutions."

Showcause notice to TN Medical Colleges:

The TNGDA letter comes when the NMC has issued showcause notices to several government and private medical institutes across Tamil Nadu, including in Chennai, Coimbatore and Madurai for not fulfilling the mandatory 75% attendance of the faculties. Taking action against them, the Commission can charge Rs 1 crore fine, reduce the number of seats, withhold accreditation, and even stop admissions.

As per the latest media report by the Times of India, after analysing the attendance of each college, UGMEB Director Shambhu Sharan Kumar wrote to the deans and principals in the third week of January and asked them why they did not comply with the mandatory 75% attendance. Aadhaar-enabled biometric attendance system showed these colleges failed to abide by the provisions contained in the Minimum Standard Requirements (MSR), NMC said.

The Daily adds that 18 to 20 departments in Coimbatore Medical College and 13 to 20 departments in Madurai Medical College had deficiencies in attendance. Commenting on this, a senior NMC official told the Daily, "This rule aims to ensure the welfare of both students and patients. Without adequate staff, it is not possible to deliver quality care and service."

NMC has sought explanation from the colleges asking why action should not be initiated against them for non-compliance with directions issued by the Commission. If the reply is not sent in 15 days it would be presumed that the college has nothing to say in defence leading to "appropriate action" deemed necessary by provisions laid down by the Maintenance of Standards of Medical Education Regulations, 2023. Chennai-based Stanley Medical College and Hospital also received a similar letter. 

Meanwhile, the rules for minimum requirement of attendance clarify that it is "mandatory to have at least 75% attendance of the total working days (excluding vacations) for all faculty and resident doctors. During the vacation period, other than sick leave and leaves for emergencies, faculty on duty shall not be availing any leave. Emergency leaves shall be certified by the head of the department or institution."

However, allegedly the control and command centre did not consider those during analysis. Commenting on this, the Dean of Stanley Medical College Dr. P Balaji mentioned, "The analysis is wrong as it did not consider state government holidays, weekly off, compensatory offs, and other legitimate leaves. Their system is not updated with these details."

Also Read: Poor Biometric Attendance of Faculties: NMC Issues Show-Cause Notice to MGM Medical College Jamshedpur