Karnataka High Court stays implementation of NMC UG MSR 2023 guidelines
Karnataka High Court
In a Relief to Non-Medical Teachers, HC Asked NMC and the Health Ministry not to Implement MSR 2023 Temporarily
Bengaluru: While considering a plea by non-medical teachers, the High Court of Karnataka on Monday put a temporary stay on the implementation of UG-MSR 2023 guidelines.
Taking note of the grievances of the petitioners, who are teaching in medical colleges after obtaining M.Sc and Ph.D. degrees, the HC bench of Justice Sachin Shankar Magadum directed the Union Health Ministry and the National Medical Commission (NMC) not to implement the Guidelines for undergraduate courses under establishment of New Medical Institutions by implementing 2023 Regulations dated 16.08.2023 till the next date of hearing.
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 to enforce 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 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 directed the Union Health Ministry and NMC not to implement the UG MSR 2023 regulations till the next date of hearing. "In that view of the matter, respondent Nos.1 and 2 are hereby directed not to implement the Guidelines for undergraduate courses under establishment of New Medical Institutions by implementing 2023 Regulations dated 16.08.2023 vide Annexure-C till the next date of hearing," ordered the Court.
The bench directed the petitioners to serve the copes of the plea to the counsel for NMC and also notify regarding the grant of interim order by the HC bench.
Medical Dialogues had earlier reported about 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", which was released in August last year. Releasing the concerned guidelines, NMC had 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 HC order, click on the link below:
https://medicaldialogues.in/pdf_upload/karnataka-hc-non-medical-teachers-233245.pdf
Also Read: NMMTA moves Health Ministry, Demands Separate Council for Non-Medical Teachers
