NMC tells Medical Colleges, appellants to follow procedure for filing appeals, notifies on timeline, checklist of requisite documents

New Delhi: Taking note of the fact that several medical colleges or appellants are still not following the prescribed procedure for filing 1st and 2nd appeals before the National Medical Commission (NMC), the Apex medical body once again issued a public notice specifying the process.

The Commission has informed the medical colleges or appellants that all appeals along with relevant documents, may be preferred by Dean/Principal of the Medical College/ appellant to the Commission by addressing to Chairman, NMC via EMAIL ONLY at `nmc_appeal@nmc.org.in'

Further, NMC has also provided a checklist for all the requisite documents that the medical colleges need to submit along with the appeal and the processes that the appellant or college needs to ensure.

As per the notice, the requisite documents include a copy of inspection report [in case of appeals u/s 28(5), 35 (5)], Letter of Board conveying deficiencies found/ Show Cause Notice, (if any), Compliance Report, submitted to board, (if any), Letter conveying the Decision of Board after filing of compliance report by the Medical College/ appellant (if any), Appeal made by Medical College/ appellant before Board for review (if any), Final decision of the Board (Letter of Permission/ Letter of Disapproval) against which appeal being filed now.

Further, the medical colleges or appellant also needs to ensure if the Appeal is addressed to Chairman, NMC and sent to e-mail ID "nmc_appeal@nmc.org.in".

Previously, on 28.12.2022, NMC had prescribed the procedure for filing 1st/2nd appeals before the Commission under NMC Act, 2019. Back then, NMC had asked that "all appeals (along with relevant documents), against any decision of Boards of the Commission as provided under various sections of National Medical Commission (NMC) Act, 2019 may be preferred to the Commission either via email on "nmc_appeal@nmc.org.in" or through physical mode at following address: The Chairman National Medical Commission Pocket- 14, Sector- 8 Dwarka, Phase- I, New Delhi - 110 077."

Referring to the earlier notice, NMC mentioned in the public notice dated 28.08.2023, "A public notice dated 28.12.2022 was hosted on NMC website prescribing therein procedure for filing 1st/ 2nd appeals before the National Medical Commission (NMC) under the NMC Act, 2019. It has been observed that many colleges/ appellants are still not following the procedure for filing appeals under the aforesaid sections of NMC Act as per said public notice."

In the new notice, NMC has clarified that the appeals should be filed only via Email and mentioned, "Accordingly, all concerned colleges/ appellants are hereby again informed that all appeals (along with relevant documents), against the orders of Boards under the Commission as provided under aforesaid sections of NMC Act, 2019 may be preferred by Dean/Principal of the Medical College/ appellant to the Commission by addressing to Chairman, NMC via EMAIL ONLY at `nmc_appeal@nmc.org.in' with the requisite documents as per the attached checklist (refer Annexure-I) and under the stipulated time period as per the NMC Act (refer Annexure-II)."

"All the communications must contain the copy of duly filled checklist and invariably bear the subject as under:

"1st/ 2nd appeal under section... of NMC Act, 2019 against decision of ... (Name of the Board) ... regarding ........ (subject matter of the appeal) ...."" mentioned the notice issued by Pankaj Agrawal, Director (Policy & Coordination), NMC.

"The above email is only for the purpose of submission of Appeals under aforesaid sections of the NMC Act, 2019 and therefore no cognizance of appeal related communication would be taken if not sent on the above email Id or addressed otherwise," it further added.

Apart from the check list for preferring the first/seconf appeal to NMC under section 122(3), 28(5), 30(4), 35(5)1 of the National Medical Commission Act, 2019, the notice also includes the timelines prescribed under NMC Act, 2019 for filing of appeals to the Commission.

According to the notice, in case of an appeal filed under Section 22(3), Subject to the provision of section 28, a person who is aggrieved by any decision of an Autonomous Board may prefer an appeal to the Commission against such decision within sixty days of the communication of such decision.

Under Section 28(5), Where a scheme is disapproved under sub-section (3), or where no decision is taken within six months of submitting a scheme under sub-section (1), the person concerned may prefer an appeal to the Commission for approval of the scheme within fifteen days of such disapproval or, as the case may be, lapse of six months, in such manner as may be specified by the regulations" [Against the decision of Medical Assessment and Rating Board (MARB)].

In case of appeal under section 30(4),a medical practitioner or professional who is aggrieved by the decision of the Ethics and Medical Registration Board may prefer an appeal to the Commission within sixty days of communication of such decision.

Under Section 35(5), where the Under-Graduate Medical Education Board or the Post-Graduate Medical Education Board, as the case may be, decides not to grant recognition to a medical qualification, the University or the medical institution concerned may prefer an appeal to the Commission for grant of recognition within sixty days of the communication of such decision, in such manner as may be specified by the regulations"

Check List for preferring First/ Second Appeal to the National Medical Commission under Section 122(3), 28(5), 30(4), 35(5)1 of the National Medical Commission Act, 2019

Timelines prescribed under NMC Act, 2019 for filing of appeals to the Commission

To view the NMC notice, click on the link below:

https://medicaldialogues.in/pdf_upload/filing-of-1st-2nd-appeals-nmc-217806.pdf

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