UG MSR 2023 prospective in nature, applicable from August 16 last year: NMC clarifies after Karnataka HC order
New Delhi: The Undergraduate Medical Education Board (UGMEB) of the National Medical Commission (NMC) has clarified that the Minimum Standard Regulations Under-graduate (UG-MSR) 2023 i.e "Guidelines for UG Courses under the Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses, and Assessment and Rating Regulations, 2023", are prospective and they became applicable from August 16th, 2023.
NMC issued the clarification in compliance with the Karnataka High Court order dated March 27, 2024, where the HC bench, while considering the plea filed by the non-medical teachers, took note of the submission by NMC stating that these regulations would not be applied retrospectively.
Noting that the plea was filed based on an apprehension that these rules would be implemented retrospectively, the HC bench of Justice Sachin Shankar Magadum disposed of the plea. Further, in order to avoid future litigations, the Court advised NMC to publish clarification regarding the applicability of UG-MSR 2023 on its official website.
"Respondent No.2, to avoid future litigations, shall publish this clarification in its official website," the HC bench had mentioned in its order dated 27.03.2024.
Accordingly, issuing a public notice on 02.05.2024, the President of NMC UG Medical Education Board Dr. Aruna V. Vanikar clarified,
"In compliance with the Order dated March 27, 2024, pertaining to WP No. 3746 of 2024 before the High Court of Karnataka, it is hereby clarified that the "Guidelines for Undergraduate Courses under the Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses, and Assessment and Rating Regulations, 2023" (notified by the UGMEB on August 16th, 2023) are prospective in nature and become applicable from August 16th, 2023."
Also Read: Karnataka High Court stays implementation of NMC UG MSR 2023 guidelines
Medical Dialogues had earlier reported that while considering the plea by non-medical teachers, earlier this year the Karnataka HC bench had put a temporary stay on the implementation of UG-MSR 2023 guidelines.
Filing the plea, the petitioners, who are working as Assistant Professor/Associate Professor/Professor in Rajarajeshwari Medical College and Hospital at Bengaluru, highlighted how NMC is insisting on enforcing the teachers' eligibility qualification in Medical Institution Regulations, 2023 even to those who were appointed based on their respective degrees and who do not posses MBBS degree.
The petitioners voiced their concern that they may get demoted if the 2023 Regulations were applied to the medical college where they work. While considering the matter, the HC bench opined the apprehension of the petitioners to be "reasonable and justified" and noted "Whether Regulations 2023 can be retrospectively applied even to those candidates who were appointed based on their M.Sc. and Ph.D. degrees is the question that requires consideration at the hands of this Court."
Taking note of this, the bench had directed the Union Health Ministry and NMC not to implement the UG MSR 2023 regulations till the next date of hearing. However, consequently, the bench noted that the plea was filed questioning the Medical Institution Regulations, 2023 on an apprehension that the decision will be implemented retrospectively.
Meanwhile, the counsel for NMC objected to the plea and clarified the apprehension of petitioners indicating that these Regulations will not be implemented retrospectively.
"That the Guidelines for Undergraduate Courses under Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for existing Courses & Assessment and Rating Regulations, 2023, notified on 16.08.2023 are prospective in nature, and applicable from 16.08.2023," NMC submitted before the Court.
Taking note of this submission, the Court disposed of the plea noting, "In view of the clarification indicated in the statement of objections filed by respondent No.2, the captioned petition does not survive for consideration."
Non-Medical Teachers Oppose UG-MSR 2023:
NMC's "Guidelines for Under Graduate Courses under Establishment of New Medical Institutions, Starting of New Medical Courses, Increase of Seats for Existing Courses & Assessment and Rating Regulations, 2023", was released in August last year. Releasing the concerned guidelines, NMC clarified that only 15% of the total number of posts in Anatomy, Physiology, Biochemistry departments would be filled by the non-medical teachers.
"In 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 Statistician in the department of Community Medicine should possess qualification in that particular subject from a recognised University as per requirements in Teacher Eligibility Qualification Regulations," NMC had mentioned in the regulations.
Further, the Competency-Based Medical Education Curriculum (CBME) Regulations 2023, which came into effect on August 1, 2023, excluded the non-medical teachers altogether as the examiners for the undergraduate medical examinations.
"Person appointed as an examiner in the particular subject must have at least four years of total teaching experience as Assistant Professor after obtaining postgraduate degree following MBBS, in the subject in a college affiliated to a recognized medical college (by UGMEB of NMC)," the new CBME Regulations stated.
In fact, non-medical teachers face discrimination while employed even for the post of Tutor/demonstrator because a Ph.D. degree has been made mandatory for the same, in respect of non-medical teachers.
NMMTA has been protesting against these decisions by the Apex Medical Commission for a long time. Earlier, the association had also called for a co-existence with the medical teachers.
Last year, on August 21, NMMTA arranged a protest at Jantar Mantar against the "blatant discriminatory actions of the UG Board within the National Medical Commission (NMC)." The association had alleged that instead of accommodating and involving medical MSc/Ph.D educators, the Apex Medical Commission was "unfairly targeting" them.
Raising the matter, NMMTA had mentioned in a Tweet, "Only doctors should teach medical students". Yes, the clinical subjects must be taught only by the doctors with MD/MS qualifications. But the same isn't necessary for non-clinical subjects, which are basic medical sciences. Medical teachers can certainly provide inputs based on own experience during their MBBS course. Our PG course is similar to the MD course, we both have been taught and trained similarly; how are we ineligible? We aren't asking to replace them."
"We aren't even asking for 30% reservation. We are asking to be taken upto 30% wherever medical teachers are unavailable. What's the problem with this? It is the superiority complex and refusal to coexist on equal standing with a non-MBBS colleague. This politics is mostly about pride & prejudice and monopoly in jobs. Unfortunately, NMC has taken a position opposing the government stand. We condemn the academic apartheid unleashed by the UG Board of NMC. It must be replaced. #NMCStopAcademicApartheid," it further added.
To view the Karnataka HC Order, click on the link below:
https://medicaldialogues.in/pdf_upload/karnataka-hc-non-medical-teachers-237635.pdf
To view the NMC notice, click on the link below:
https://medicaldialogues.in/pdf_upload/nmc-notice-on-ug-msr-2023-237636.pdf
