185 doctors' challenges heard, 256 non-RMP appeals rejected since 2020: NMC RTI response
New Delhi: After replacing the erstwhile Medical Council of India (MCI), the National Medical Commission (NMC) has rejected 256 appeals filed by patients/non-RMPs, while taking up 185 appeals by doctors against decisions of State Medical Councils since 2020.
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.
Earlier, while rejecting appeals by non-medical practitioners, NMC had cited the grounds of non-maintainability.
Medical Dialogues had earlier reported that NMC had rejected 65 appeals moved by patients or their families between March to September 2022 on the grounds of non-maintainability as per Section 30(3) of the NMC Act 2019 which states, "(3) A medical practitioner or professional who is aggrieved by any action taken by a State Medical Council under sub-section (2) may prefer an appeal to the Ethics and Medical Registration Board against such action, and the decision, if any, of the Ethics and Medical Registration Board thereupon shall be binding on the State Medical Council, unless a second appeal is preferred under sub-section (4)."
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.
Amid this, NMC has revealed, while responding to an RTI application filed by Dr. Babu, that it rejected 256 appeals filed by patients/non-RMPs, while taking up 185 appeals by doctors against decisions of State Medical Councils during the period from 15.09.2020 till date 07.01.2026.
Filing the RTI on 15.12.2025, Dr. Babu sought to know the total number of appeals filed by RMPs against the decision of State Medical Councils with EMRB since 15/09/2020 to the date of reply to this RTI application, the total number of second appeals by RMPs against the decision of EMRB to the NMC during this period, total number of second appeals by RMPs against the decision of EMRB to the NMC upheld during this period, total number of appeals by the non-RMPs against the decision of State Medical Councils to the EMRB returned during this period.
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 has also informed that altogether 17 second appeals were filed by doctors against the decisions of EMRB before the NMC.
Directions by the Health Ministry:
Recently, the matter was raised before the Health Ministry by Dr. Babu, who submitted a representation before the Ministry 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.
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 has now forwarded the doctor's representation to the NMC. Writing to the Secretary of the Apex Medical Commission, the Ministry said, "As the issues raised fall within the statutory domain of the National Medical Commission, the representation is hereby forwarded to the NMC for examination and appropriate action, as deemed fit under the provisions of the NMC Act, 2019 and the regulations framed thereunder."
"The National Medical Commission is requested to take necessary action in accordance with law and to apprise this Ministry of the outcome," it added.
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