Appeals against state medical council decisions: 302 by non-RMPs rejected, 203 received from RMPs- NMC RTI response
New Delhi: The Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC) has rejected a total of 302 appeals by non-medical practitioners, including patients and their relatives, against the decisions of the State Medical Councils till July 2026, information obtained through a Right to Information (RTI) application revealed.
Meanwhile, from September 2020 till July 2026, NMC received 203 appeals by registered medical practitioners against the State Medical Councils' decisions.
Commenting on the matter, Kerala-based Health activist Dr KV Babu, who filed the RTI, told Medical Dialogues, "The issue of the right to appeal by the patients against State Medical Council's decision to EMRB is pending with the Govt for more than four years. EMRB has rejected 302 patients as per the RTI data from EMRB in August 2026."
NMC had been rejecting the appeals by non-medical practitioners citing 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, Dr Babu has contended that patients have the right to appeal State Medical Councils' 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."
Earlier this year, the Union Health Ministry had asked the National Medical Commission (NMC) to take appropriate action, as per law, about the issue of deciding appeals filed by non-Registered Medical Practitioners (RMPs) against the decisions of the State Medical Councils.
In an office memorandum issued on May 20, NMC said that currently the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 are in force. However, in case of any inconsistency between Regulation 8.8 of the IMC (PC. E & E) Regulations, 2002 and Section 30(3) of the National Medical Commission Act, 2019, the provisions of the NMC Act, 2019 would prevail, NMC had clarified.
Further, the Commission had added that it was the Central Government that had enacted the NMC Act and "any interpretation relating to the provisions of the said Act may appropriately be undertaken by the Ministry."
