📌 RTI Disclosure Sparks Fresh Review
The National Medical Commission (NMC) has taken under consideration the issue of rejecting appeals filed by non-Registered Medical Practitioners (non-RMPs), following an RTI response that revealed 256 such appeals were dismissed since 2020. In contrast, 185 appeals filed by doctors against State Medical Council decisions were heard during the same period.
🏛️ Health Ministry Seeks Explanation
📨 Directive from the Centre
The Ministry of Health and Family Welfare, through its Medical Education (Policy) Division, wrote to the NMC on January 20, 2026. The Ministry asked the Commission to examine concerns raised by Kerala-based RTI activist Dr KV Babu and take action as per the law, while also informing the Ministry of the outcome.
🔄 Shift from MCI to NMC
📚 Change in Appeal Mechanism
Earlier, under the Medical Council of India (MCI), non-RMPs could file appeals against decisions of State Medical Councils. However, after the NMC replaced the MCI under the National Medical Commission Act, 2019, such appeals were deemed “not maintainable,” leading to their rejection.
📧 NMC Confirms Issue Under Examination
🗓️ Official Communication
On February 5, 2026, the Ethics Section of the NMC informed Dr Babu via email that the matter is currently being examined. This suggests the regulatory body may reconsider its stance on allowing patients to appeal in cases of alleged medical negligence and misconduct.
📜 Legal Basis of the Dispute
⚖️ Interpretation of Regulation 8.8
Dr Babu has argued that Section 8.8 of the MCI Ethics Regulations, 2002, grants “any person aggrieved” the right to appeal State Medical Council decisions within 60 days. He maintains that since the NMC Registered Medical Practitioners (Professional Conduct) Regulations, 2023 are presently in abeyance, the 2002 regulations continue to apply, thereby preserving patients’ appeal rights.
🏢 EMRB and Prior Decisions
📝 Controversy Over Rejections
The Ethics and Medical Registration Board (EMRB) of the NMC had earlier decided in its October 6, 2021 meeting not to entertain appeals from patients. Although the Commission later noted in the minutes of its 16th meeting on September 23, 2024 that all appeals to EMRB would be entertained, an appeal filed by a patient from Amritsar was rejected on February 21, 2025. Additionally, 17 second appeals by doctors against EMRB decisions were filed before the NMC.
📢 Representation Before the Ministry
🏥 Demand for Legal Clarification
Dr Babu formally approached the Health Ministry, challenging the interpretation of Regulation 8.8 and Regulation 1.9 of the 2002 Ethics Regulations in light of the National Medical Commission Act, 2019. He urged the Ministry to direct EMRB to hear patient appeals and to establish an appropriate body to examine alleged professional misconduct by Registered Medical Practitioners.
🔍 A Positive Development?
🗣️ Activist’s Response
Following the Ministry’s direction, the NMC has stated that the issue is under consideration, marking a significant development in the controversy. Commenting on the matter, Dr Babu described the move as positive, expressing hope that the Commission would review the 256 rejected appeals and ensure compliance with legal provisions governing medical ethics and accountability.
