New Developments in NMC Appeals Process
Background of Appeals
In response to a Right to Information (RTI) request from Kerala-based activist Dr. KV Babu, the National Medical Commission (NMC) disclosed that it had dismissed 256 appeals from non-Registered Medical Practitioners (non-RMPs) while hearing 185 appeals from doctors against State Medical Council decisions since 2020. This recent revelation has led the NMC to reconsider the matter.
Ministry of Health’s Involvement
On January 20, 2026, the Ministry of Health and Family Welfare, through its Medical Education (Policy) Division, instructed the NMC to review the issues raised by Dr. Babu and take appropriate action. The Ministry has requested updates on the outcome of this review.
NMC’s Previous Decisions
Previously, the NMC had determined that appeals from non-RMPs were not maintainable under the National Medical Commission Act of 2019. Prior to the NMC’s establishment, non-RMPs had the option to appeal to the now-defunct Medical Council of India (MCI) regarding State Medical Council decisions.
Current Considerations
The NMC’s Ethics Section communicated to Dr. Babu via email on February 5, 2026, indicating that the issue of patient appeals in cases of alleged medical negligence and misconduct is currently under review.
Dr. Babu’s Advocacy
Dr. Babu has argued that patients are entitled to appeal State Medical Council rulings under Section 8.8 of the MCI Ethics Regulations, 2002. This section allows any individual aggrieved by a State Medical Council’s decision to file an appeal with the MCI within 60 days, with a potential extension under specific circumstances.
Recent Actions by NMC
The NMC had previously decided to entertain appeals from the Ethics and Medical Registration Board (EMRB), as noted in the minutes from its 16th meeting on September 23, 2024. However, on February 21, 2025, the NMC rejected an appeal from a patient in Amritsar, Punjab.
Details of Appeals
In addition to the appeals from doctors and non-RMPs, the NMC reported that a total of 17 second appeals were filed by doctors against EMRB decisions.
The Core Dispute
Dr. Babu raised the issue with the Health Ministry, emphasizing the interpretation of Regulations 8.8 and 1.9 of the MCI Ethics Regulations, 2002, in conjunction with the National Medical Commission Act, 2019. He claimed that the NMC’s earlier decision not to allow patient appeals to the EMRB was legally flawed.
Regulatory Context
According to an RTI response received on January 20, 2026, the National Medical Commission Registered Medical Practitioners (Professional Conduct) Regulations, 2023, are currently inactive. Dr. Babu asserted that since these regulations are not in force, the 2002 Ethics Regulations should still apply, granting patients the right to appeal.
Request for Further Action
Dr. Babu has urged the Ministry to direct the EMRB to consider appeals from non-RMPs against State Medical Council decisions. He also called for the establishment of a body to investigate alleged misconduct by Registered Medical Practitioners in relation to Regulation 1.9 of the MCI Ethics Regulations, 2002.
NMC’s Response
The Ministry has forwarded Dr. Babu’s representation to the NMC, which has officially stated that it is currently reviewing the matter, marking an important step in this ongoing issue.
Dr. Babu’s Reaction
Reflecting on the situation, Dr. Babu expressed optimism, stating, “I believe it is a positive development. The EMRB, which had been illegally rejecting patient appeals against SMC decisions for over five years, has decided to examine the matter following government instructions. I hope they will rectify this situation and review all 256 previously rejected appeals.”