The 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 September 2024 that its ethics board would entertain all appeals, including those filed by non-medicos, and confirmed this decision in December 2025. However, five months later, in May, the ethics board claimed any interpretation of the provisions of the NMC Act ought to be done by the health ministry.
Initial Decisions and Reversal
Minutes from the 16th meeting of the NMC held on September 3, 2024, stated: “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.” This was reiterated in the 17th meeting on December 16, 2025.
NMC Chairperson’s Response
NMC chairperson Abhijat Sheth, when asked why the commission was seeking the health ministry’s interpretation for what was already decided, claimed wider stakeholder consultation and examination of statutory and regulatory provisions was ongoing. “NMC has not framed an SOP in this regard yet,” he added.
Health Ministry’s Stance
When the ministry was asked to intervene on behalf of patients to allow appeals before NMC, it stated that 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.
Filtering Mechanism Debate
Sheth noted: “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.”
Patient Appeals Rejected
Since September 2020, when NMC was constituted, it has received 273 patient appeals against SMC decisions. All have been rejected. That’s around 55 complaints a year, or one a week on average, that the chairperson claims need a filtering mechanism.
Legal Background
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 was the result of a Supreme Court order.
