NMC flipflops, puts onus of patient appeals on health ministry

National Medical Commission (NMC) continues its flipflop over whether patients and their families should be allowed to file appeals before it.

The commission decided in Sept 2024 that its ethics board would entertain all appeals, including those filed by non-medicos, and confirmed this decision in Dec 2025. Five months later, in May, the ethics board claimed any interpretation of the provisions of NMC Act ought to be done by the health ministry.

“NMC had agreed that all appeals received by Ethics and Medical Registration Board (EMRB) will be entertained. Further, as regards action not being taken by state medical councils (SMC) on complaints filed by non-medicos even after issuance of reminders by the boards, it was decided to send a communication by EMRB to state medical councils to complete the process in a timebound manner. In case of failure by the concerned SMC to act upon it, EMRB may take over the complaint/matter from the SMC and dispose of the same. This is noted by EMRB, and board will proceed further accordingly,” read minutes of the 16th meeting of NMC held on Sept 3, 2024. This was reiterated in the 17th meeting on Dec 16, 2025.

However, NMC chairperson Abhijat Sheth, when asked why NMC, as an autonomous body, was seeking the health ministry’s interpretation for what was decided in the NMC meeting, claimed wider stakeholder consultation and examination of statutory/regulatory provisions was going on. “NMC has not framed an SOP in this regard yet,” he added.

When the ministry was asked to intervene on behalf of patients to allow appeals before NMC, the ministry stated the commission was the apex statutory body constituted under the 2019 Act to regulate medical education and the profession. “All matters relating to framing, amendment, and implementation of medical education regulations fall within the domain of NMC,” it said.

“There would be issues if unrestricted appeals are allowed and the members/experts are also deliberating the need for a filtering mechanism. Meanwhile, patients and complainants are not left without remedies. They can also avail other legal remedies under applicable civil, criminal or consumer laws,” said Sheth.

Since Sept 2020, when NMC was constituted, it has received 273 patient appeals against SMC decisions. They have all been rejected. That’s around 55 complaints a year or one a week on average that the chairperson claims need a filtering mechanism.

NMC initially insisted only doctors had the right to appeal before it. However, clause 8.8 of the ethics regulation of 2002, which is still in force, allows patients and their families to appeal before the commission. The incorporation of this clause in the regulation was the result of a Supreme Court order.



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