NMC’s ethics board rejected 256 pleas by non-doctors between 2020 and 2026

The Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC) rejected 256 appeals filed by non-doctors against decisions of State Medical Councils (SMC) between September 15, 2020, and January 7, 2026.

This was revealed in a reply to a query under the Right to Information Act, posed by Kannur-based ophthalmologist K.V. Babu, recently. Dr. Babu said that the rejection was based on an “illegal interpretation” of the Section 30(3) of the NMC Act, 2019, at a meeting of the Commission held on October 6, 2021. Based on a plea by Dr. Babu seeking action against the 27 medical members of the NMC who participated in the meeting, the Medical Education (Policy) wing of the Ministry of Health and Family Welfare has asked the Commission to examine the issue.

Section 30(3) says that 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).”

Dr. Babu claimed that at the NMC meeting held in October 2021, its members approved a proposal of its president that “only medical practitioners or professionals should be allowed to file appeals to the EMRB” under Section 30(3) of the Act. It also decided that “patients should not be allowed to file such appeals.” Dr. Babu said that this was an “illegal interpretation” of the Act as the Section 30(3) should be read with Section 61(2) of the NMC Act and 8.8 of the Ethics Regulations, 2002. 

According to the Section 61(2), “Notwithstanding the repeal of the Indian Medical Council Act, 1956, the educational standards, requirements and other provisions of the Indian Medical Council Act, 1956 and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder.”

As per the ethics regulations 8.8, “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.” Dr. Babu said that such a combined reading of these sections makes it clear that the regulations 8.8 would have been force on the day of above-mentioned meeting of the NMC.