New Delhi: The Union Health Ministry has begun reviewing the issue of the National Medical Commission (NMC) rejecting appeals filed by non-medical professionals, including patients and their families. The matter came to light following a Right to Information (RTI) query filed by Kerala-based health activist Dr KV Babu.
RTI Reveals Ministry’s Stand
In its September 19 reply to Dr Babu’s RTI application, the Health Ministry confirmed that the issue is under examination. “With reference to your representation, it is informed that the matter is being examined in consultation with NMC as per statutory provisions,” the Ministry stated.
Hundreds of Patient Appeals Rejected
Since the NMC replaced the Medical Council of India (MCI) five years ago, patients and families have struggled to appeal against decisions of State Medical Councils (SMCs). According to records, the NMC’s Ethics and Medical Registration Board (EMRB) rejected 162 patient appeals till June 2025, asserting that only medical practitioners were eligible to file appeals under the NMC Act 2019.
Section 30(3) of NMC Act Cited
The Commission has relied on Section 30(3) of the NMC Act 2019, which states that only an “aggrieved medical practitioner or professional” may challenge an SMC’s decision before the EMRB. Based on this interpretation, complaints and appeals from patients and families have been routinely dismissed.
Patients’ Right Under Ethics Rules 2002
Dr Babu, however, argued that the Ethics Regulations 2002 clearly state that “any person aggrieved” by an SMC’s decision may file an appeal within 60 days. He accused the NMC of misleading both the Health Ministry and Parliament by denying patients their right to challenge doctors in cases of negligence or misconduct.
Parliament Query Triggers Fresh Scrutiny
The controversy gained momentum after Union MoS Health Anupriya Patel, in a July 22 parliamentary reply, denied receiving reports of NMC favouring doctors over patients. The question was raised by AIADMK MP Dr M. Thambidurai. Following this, Dr Babu alleged that the NMC had misled the Ministry and Parliament by withholding critical information.
Earlier Proposal to Amend Law Shelved
Back in 2023, the Centre had considered amending the NMC Act 2019 to explicitly allow patients and their families to appeal against SMC decisions before the NMC Ethics Board. However, the proposal was put on hold. Interestingly, NMC minutes from its 16th meeting in September 2024 show that the Commission had agreed to accept all appeals filed with the EMRB, regardless of whether they came from medical professionals or patients.
Confusion Persists Despite NMC’s Own Decision
Despite the recorded decision, the Commission continued rejecting non-medical appeals. Dr Babu, who has consistently pursued the matter, has now provided fresh evidence to the Health Ministry. The Ministry’s current examination of the issue could lead to policy changes or even an amendment to the NMC Act, potentially restoring patients’ rights to challenge SMC decisions.
