The Ethics and Medical Registration Board (EMRB) of the National Medical Commission (NMC) dismissed 256 appeals by non-doctors against decisions of State Medical Boards (SMCs) between 15 September 2020 and 7 January 2026.
This was revealed in response to a Right to Information Act query raised by Kannur-based ophthalmologist KV Babu recently. Dr. Babu said the rejection was based on an “illegal interpretation” of Section 30(3) of the NMC Act, 2019 at the committee’s meeting held on October 6, 2021. Based on a request by Dr. Babu was asked by the Medical Education (Policy to Family) and Health Education (Policy to Family) wing of the We
Section 30(3) states that “a physician or practitioner who is aggrieved by any action of the State Medical Board under subsection (2) may prefer an appeal to the Ethics and Medical Registration Board against such action and any decision of the Ethics and Medical Registration Board shall be binding on the State Medical Board unless a second appeal is preferred under subsection (4).
Dr. Babu claimed that at the NMC meeting held in October 2021, its members approved its president’s proposal that “only doctors or professionals can file appeals to the EMRB” under Section 30(3) of the Act. He also ruled that “patients should not be allowed to file such appeals”. Dr. Babu said this was an “illegal interpretation” of the law as Section 30(3) had to be read with Section 61(2) of the NMC Act and Section 8.8 of the Ethics Regulations 2002.
According to Section 61(2) “Notwithstanding the repeal of the Medical Council of India Act, 1956, the educational standards, requirements and other provisions of the Medical Council of India Act, 1956 and the rules and regulations made thereunder shall continue in force and effect until new standards or requirements are laid down under this Act or the rules and regulations made thereunder.
According to Ethics Regulations 8.8, “Any person aggrieved by the decision of the State Medical Board on any complaint against a delinquent physician shall have the right to appeal to the MCI within 60 days from the date of receipt of the order issued by the said Medical Board: Provided that the MCI may, if satisfied that the complainant was prevented from filing an appeal within a sufficient period of 6 days, allow the same to be filed within a further period of 60 days.” Dr. Babu said that such a combined reading of these sections clearly shows that regulations 8.8 would be in force on the date of the aforesaid NMC meeting.
Published – 29 Jan 2026 21:44 IST
