Although MCI Regulations Allow 30% Of Faculty Positions To Be Reserved For Non-Medical Candidates In Colleges, It Is Not Mandatory: J&K High Court

Although MCI Regulations Allow 30% Of Faculty Positions To Be Reserved For Non-Medical Candidates In Colleges, It Is Not Mandatory: J&K High Court

Aleem Syeed

27 Mar 2025 4:25 PM

Clarifying the rules for recruitment in medical institutes, the Jammu and Kashmir High Court ruled that the Medical Council of India (MCI) guidelines allow for up to 30% of the total appointments in certain departments to be from non-medical faculty, but there is no legal obligation to do so.

Respondent No.1, who was a non-medical candidate, had challenged the appointment on the basis that the institute was under an obligation to appoint 30% from non-medical candidates. The court however said that the contention of Respondent No.1, challenging the appointment of a candidate belonging to the medical category was without any basis.

A bench of Justices Sanjeev Kumar, Justice Puneet Gupta made it clear that the rule referred to by Respondent No.1 was not a mandatory provision but discretionary and further observed that even if a medical institute appoints all teachers from the medical category in departments such as Anatomy, Physiology, Biochemistry, and Pharmacology, it cannot be said that the institute has violated the 30% norm laid down in the regulations.

The court noted that the posts in question were advertised in 2016, and by virtue of the said advertisement, both candidates from the medical and non-medical streams could apply. The court said that Respondent No.1 had the lowest score in the merit list, whereas Respondent No.4 had the highest marks and was accordingly selected for the post.

The court observed that in the presence of more meritorious candidates with medical qualifications, the unfilled post could not have been given to Respondent No.1, who was last in the merit list, solely on the basis that he possessed a non-medical qualification.

The court held that the contention of Respondent No.1, requiring the institute to mandatorily fill 30% of the seats from non-medical candidates, was totally misconceived and contrary to the regulations provided by the MCI.

The court ruled that the single bench had earlier operated on the wrong premise that the institute was obligated to fill 30% of posts from the non-medical category in each discipline.

The court also said that it is at the discretion of the medical institution concerned to appoint non-medical faculty in some departments, such as Pharmacology, but while doing so, the institution must ensure that the number of non-medical teachers does not exceed 30% of the total number of posts in the department.

BACKGROUND

The case revolves around the appointment of an Assistant Professor in the Department of Clinical Pharmacology at SKIMS, Srinagar. Respondent No.1 applied for the post of Assistant Professor, but Respondent No.4 was appointed to the position. Respondent No.1 challenged the selection process, arguing that SKIMS was obligated to fill 30% of faculty positions in Clinical Pharmacology with non-medical candidates as per Medical Council of India (MCI) norms.

The Single Judge of the High Court, in its judgment, directed SKIMS to reconsider his case for appointment retrospectively, prompting the appellant to file intra-court appeals.

APPEARANCE:

Jahangir Iqbal Ganai, Sr. Advocate with Mr. Junaid Malik, Advocate for Petitioners

M.Y.Bhat, Sr. Advocate with Mr. R.A.Bhat, Advocate for R-1

Abdul Rashid Malik, Sr. AAG with Ms. Rahella Khan, Advocate FOR Respondents

Case-title: Dr. Majid Farooq vs Dr. Majid Farooq, 2025

NMC clarifies on promotions, seniority

NMC clarifies on promotions, seniority 

Intishab.Ali@timesofindia.com 20.03.2025

Jaipur : In a bid to address promotion related concerns raised by Rajasthan Medical College Teachers Association, National Medical Commission (NMC) has issued guidelines this month to ensure eligible candidates receive promotions retrospectively. 

Medical colleges’ faculty had raised objections about delayed promotions linked to the BCMET course, particularly when course access was limited. They pointed out the lack of clear selection criteria for course participation, noting that the current system could permanently im

pact career advancement for many members. NMC's intervention is expected to settle the dispute in favour of the affected personnel. NMC’s March 2025 order said, “In view of the requirement of BCMET course for promotion, it is clarified if a faculty member completes BCMET course after due date of promotion and submits the completion certificate, then he should be promoted from due date of promotion.” Those completing BCMET before Apr 1, 2024, will receive promotions this year, whilst later completions will be considered for Apr 1, 2025.

NMC rejects patient’s appeal to ethics board, says only doctors can do so

NMC rejects patient’s appeal to ethics board, says only doctors can do so

Rema.Nagarajan@timesofindia.com 10.03.2025

Despite National Medical Commission (NMC) deciding last Sept that not only doctors, but patients too can appeal to Ethics and Medical Registration Board (EMRB) against decisions of state medical councils, on Feb 21, EMRB rejected the appeal of a patient from Punjab. Incidentally, EMRB is totally vacant since the tenure of all members came to an end last year, raising the question of who rejected the appeal. From Sept 2020, when NMC was constituted, hundreds of patient appeals were rejected saying that NMC Act allowed only doctors to appeal. This is despite the patients’ right to appeal being upheld by a Supreme Court order in 2002. However, the minutes of the 16th meeting of the NMC held on Sept 29 last year, obtained through RTI in Jan stated: “NMC had agreed that all appeals received by EMRB will be entertained. Further, as regards action not being taken by State Medical Councils 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 time bound manner. In case of failure by the concerned SMC to act upon, EMRB may take over the complaint matter from the SMC and dispose the same. This is noted by EMRB, and board will proceed further accordingly.” The minutes were approved by Dec.

Gokul Chand Aneja from Amritsar in Punjab filed an appeal dated Jan 30 against the decision of the Punjab Medical Council, in a case of alleged medical negli gence which led to his wife’s death. Aneja received a letter from NMC dated Feb 21 rejecting his appeal stating that the EMRB had decided in Oct 2021, that in keeping with the NMC Act 2019, “only medical practitioners or professionals should be allowed as (sic) appeals before EMRB”. In March 2022, the NMC had rejected the appeal of a patient from Faridabad in Haryana. 

The letter from the EMRB rejecting the appeal of Aneja appears to be a copy-paste of the letter issued in March 2022 with just a change in dates, name of recipient etc. “The NMC appears to be in shambles. Who took the decision to reject an appeal when the 

EMRB is vacant? It looks like Aneja’s appeal was rejected by some functionary in the EMRB division who just copied an earlier letter. Such a casual approach is shocking,” said Dr KV Babu, ophthalmologist and RTI activist, who has been fighting since 2022 to get the right of patients to appeal restored.

NMC overrules SC’s and its own decision, rejects patient’s appeal

NMC overrules SC’s and its own decision, rejects patient’s appeal

Rema.Nagarajan@timesofindia.com 10.03.2025

Despite National Medical Commission (NMC) deciding last Sept that not only doctors, but patients too can appeal to Ethics and Medical Registration Board (EMRB) against decisions of state medical councils, on Feb 21, EMRB rejected the appeal of a patient from Punjab. 

Incidentally, EMRB is totally vacant since the tenure of all members came to an end last year, raising the question of who rejected appeal. From Sept 2020, when NMC was constituted, hundreds of patient appeals were rejected saying that NMC Act allowed only doctors to appeal. This is despite the patients’ right to appeal being upheld by a Supreme Court order in 2002. 

However, the minutes of the 16th meeting of the NMC held on Sept 29 last year, obtained through RTI in Jan stated: “NMC had agreed that all appeals received by EMRB will be entertained. Further, as regards action not being taken by State Medical Councils 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 time bound manner. In case of failure by the concerned SMC to act upon, EMRB may take over the complaint matter from the SMC and dispose the same. This is noted by EMRB, and board will proceed further accordingly.” The minutes were approved by Dec. Full report on www.toi.in

MM C launches student initiative to boost organ donation awareness

MM C launches student initiative to boost organ donation awareness 

TIMES NEWS NETWORK 06.03.2025

Chennai : Madras Medical College launched the Students’ Charter of Deceased Organ Donation Programme in collaboration with the transplant authority of Tamil Nadu (Transtan). Students are being taught about the increasing demand for vital organ transplantation, organ scarcity, and the purpose of organ transplant registry in the state. “The aim is to engage me dical students in deceased donor organ transplantation. Volunteers will be enrolled and trained to be ambassadors for the programme,” said college dean Dr E Theranirajan. 

“They will undergo comprehensive training on the science and laws surrounding brain deaths and organ donations. As ambassadors, they will conduct sensitization sessions for various communities,” he said. The programmes will clear myths, and increase organ donations, said senior nephrologist Dr N Gopalakrishnan, who is also member secretary of Transtan. “Govt’s decision to accord state honours increased the organ pool. But with better awareness among the community, we will be able to reduce wastage and save more lives,” he said. In 2024, the state recorded 268 organ donations — the highest since the launch of the programme in 2008. This year, Transtan has received nearly 50 donations

NMC guidelines on foreign medical graduates binding on State Medical Council, says Health Minister Satya Kumar

NMC guidelines on foreign medical graduates binding on State Medical Council, says Health Minister Satya Kumar

“The Registrar of the Andhra Pradesh Medical Council does not have any independent authority to modify the NMC guidelines issued from time to time,” Satya Kumar Yadav said

Published - March 05, 2025 03:00 am IST - VIJAYAWADA

G.V.R. Subba Rao

Andhra Pradesh Medical and Health Minister Satya Kumar Yadav has asserted that the State government has to adhere to the guidelines issued by the National Medical Commission (NMC) on Foreign Medical Graduates (FMGs).

“The Registrar of the Andhra Pradesh Medical Council does not have any independent authority to modify the NMC guidelines issued from time to time,” Mr. Satya Kumar said on Tuesday (March 4, 2025).

“As per the NMC guidelines, the FMGs who studied online during their final year should have to do two years of internship (one year is clinical clerkship and one year is internship), and those who studied online during both penultimate and final years must complete three years of internship (two years will be clinical clerkship and one year internship), the Minister said in the Legislative Assembly.

Telugu Desam Party (TDP) MLAs Pusapati Aditi Vijayalakshmi Gajapathi Raju, Nelavala Vijayasree, and Gondu Sankara Rao served a notice under Rule 74 calling the attention of the Minister on ‘Problems of foreign medical graduates’.

The Minister, making a statement, said some FMGs who returned to India due to the COVID-19 pandemic and the Russia-Ukraine War, and studied part of their MBBS course online, had requested the A.P. Medical Council to grant Permanent Registration after completing one year of internship as per the compensation certificates issued by the respective universities and also as per the NMC guidelines, he said.

After verification of the compensation letters submitted by the FMGs, it was found that they did not mention the period of online study and the period of compensation of online study with offline mode.

Hence, the A.P. Medical Council did not consider their applications for Permanent Registration, and they were directed to continue their Internship for a period of one more year to make-up for the loss of clinical training due to online study. But they ignored the orders of the A.P. Medical Council, the Minister said.

For FMGs who completed the entire course in the offline mode by staying abroad, Permanent Registrations were being granted after completion of one year of Internship in Andhra Pradesh.

A Compulsory Rotating Medical Internship (CRMI) is a one-year programme that the FMGs must complete in India after obtaining provisional registration from the State Medical Council. “The A.P. Medical Council is continuously communicating with the NMC for necessary instructions regarding the issues raised by the FMGs,” he added.

Published - March 05, 2025 03:00 am IST

RG Kar doc’s parents yet to receive death certificate

RG Kar doc’s parents yet to receive death certificate

Feb 23, 2025, 0:05 IST

Kolkata: Parents of the post-graduate trainee doctor at RG Kar Medical College & Hospital, who was found raped and murdered on Aug 9, 2024, are yet to receive her death certificate.

Though Panihati Municipality issued a cremation certificate, the parents said they were still waiting for a death certificate to be issued by Kolkata Municipal Corporation (KMC).

Parents said that when they approached KMC, they were told RG Kar would issue the death certificate.But the hospital authorities claimed the opposite and said the death certificate had to be issued by KMC.

According to civic health department officials, while KMC does issue death certificate for normal as well as unnatural deaths in most cases, for persons dying in a govt hospital within its jurisdiction, the death certificate is issued by the hospital concerned.

But the deceased doctor's parents said RG Kar officials had insisted that KMC must provide death certificates for all deaths occurring within hospital premises, including for "brought-dead" cases.

Govt eyes push to students, faculty for non-clinical courses in medical colleges

Govt eyes push to students, faculty for non-clinical courses in medical colleges

The government is looking at ways to boost student enrolment in non-clinical PG courses such as anatomy, physiology, biochemistry. Medical colleges also face issues of lack of faculty.

Priyanka Sharma

Published 20 Feb 2025, 07:36 PM IST

Reportedly, there are 1.3 million MBBS doctors registered with the National Medical Commission, however, their specialisations are not known.

Even as the government claims to have increased the number of medical education seats in the country, these medical colleges and institutes face a severe student enrollment crisis in post-graduate courses such as anatomy, physiology, biochemistry, pharmacology, forensics, microbiology and pathology, according to an official aware of the matter on condition of anonymity.

This has led to a faculty shortage for these courses since students are not keen on pursuing them.

In this scenario, the National Medical Commission (NMC) is mulling a two-pronged strategy to bridge the gap in demand for these courses.

First, NMC will open a third of the vacant faculty posts to non-medical teachers with a doctorate in the subject and a Bachelor’s and Master’s from the science stream. The other part of the plan is to make these courses more attractive for students through incentives and the inclusion of clinical activities.

Reportedly, there are 1.3 million MBBS doctors (both private and government colleges) registered with the National Medical Commission, however, their specialisations are not known.

Faculty posts

“There’s an acute shortage of post-graduate faculty mainly in pre-para clinical subjects—anatomy, physiology, biochemistry, pharmacology, forensics, microbiology and pathology—as students do not want to opt for such seats. Even though NMC has allowed zero percentile (students with the lowest marks can get these seats) for such seats, the seats remain vacant. Last year, around 600 PG seats remained empty in 20-30 medical colleges,” said an official aware of the matter.

For example, a course with around 100 students should have at least three faculty members—a professor, an associate professor, and an assistant professor. However, the shortage of teachers in many courses makes running colleges difficult.

“In fact, government medical colleges are finding it difficult to get faculty for some PG courses. We hope that NMC’s draft regulation on Teachers Eligibility Qualifications Regulations (TEQ) 2024 attracts a good number of teachers as NMC has relaxed several qualification norms,” the official said. “This is a temporary exercise. When we get enough lecturers for these courses, NMC will start phasing out the system. This is being done so that colleges don't shut down.”

Going forward, colleges will issue public advertisements in two phases. In the first round, advertisements will be for faculty with a medical background in the specified subject. However, if these posts remain unfilled, the second advertisement will open them for non-medical faculty teachers, specifying that the posts were opened as there were no suitable candidates with a medical background.

“However, the priority will always be given to medical background (MD and DNB) candidates. This is the only way to fill the deficiency of faculty members in these courses,” the official added.

A senior professor from AIIMS-Delhi forensic department, who does not wish to be named, said, "Selection of courses is a personal choice of the student. However, vacant seats for non-clinical subjects are mostly found in medical colleges located on the outskirts or periphery of cities. When students complete MBBS, they broadly have clarity on what PG course to choose. Obviously, the first choice is always clinical subjects, but non-clinical subjects are equally good. As far as faculty for these courses is concerned, it is a dynamic process and a demand-supply game."

There is a misperception among medical students that courses like anatomy, physiology, biochemistry, pharmacology, forensics, microbiology, and pathology are non-clinical subjects and require no interaction with patients, which discourages them from opting for these subjects in PG courses.

“So, in future, NMC may plan to bring more attractive norms for such non-clinical subjects like offering incentives to students, allowing one-year clinical courses, etc.,” the official added.

Queries sent to the health ministry spokesperson remained unanswered till press time.

SC rejects decades-old 'both handsintact' requirement to study MBBS

SC rejects decades-old 'both handsintact' requirement to study MBBS

TNN | Feb 22, 2025, 02.32 AM IST

NEW DELHI: Discarding the decades-old 'both hands intact' requirement for aspiring doctors, the Supreme Court on Friday said it "reeks of glorifying ableism" and directed National Medical Commission (NMC) to revise the outdated criteria to enable persons with disabilities (PwD) to pursue MBBS course.

Accepting Dr Satendra Singh's report favouring admission to a PwD candidate and rejecting the report of a five-member AIIMS medical board declaring him unfit to pursue MBBS course, a bench of Justices B R Gavai and K V Viswanathan asked NMC to report the progress in revising the eligibility criteria by March 3. Dr Singh, part of the five-member board, had given a separate opinion.

Writing the judgment, Justice Viswanathan said, "The 'both hands intact' prescription has no sanctity in law as it does not admit of a functional assessment of the individual candidate, a matter which is so fundamental in protecting the rights of persons with disabilities." Referring to Dr Singh's report, the bench said it had an interesting reference about how in an age when robotic surgeries are relied upon, the NMC norms still insisted on the 'both hands intact with intact sensations' norm.

"A prescription such as 'both hands intact' reeks of ableism and has no place in a statutory regulation. In fact, it has the effect of denuding the rights guaranteed under the Constitution and the Rights of Persons with Disabilities Act (RPwD Act) and makes a mockery of the principle of reasonable accommodation," the bench said.

The SC said one should not assume incompetence without providing ample opportunities after ensuring clinical accommodations and assistive technologies.

"In our considered view, the correct approach is the one that Dr Satendra Singh has adopted - to not bar a candidate at the threshold but grant the candidate the choice after completing the MBBS course, to decide whether he wishes to specialise in a non-surgical or medical branch or continue as a general duty medical officer," the bench said. "In our view, this prescription of 'both hands intact' is completely antithetical to Article 41 of the Constitution, the principles enshrined in the United Nations Convention on the Rights of Persons with Disabilities and the salutary provisions of the RPwD Act," the SC said.

“In our view, this prescription of ‘both hands intact’… propagates that persons with typical abilities and with faculties similar to what majority may have are somehow superior. This is precisely what Directive Principles of State Policy, UN Convention and the RPwD Act abhor,” SC added.

MBBS Exam Scam: Varsity To Check Answer Sheets Of Last 5 Years' Exams

MBBS Exam Scam: Varsity To Check Answer Sheets Of Last 5 Years' Exams 

Written By Divyani Paul 

Published On 18 Feb 2025 4:00 PM  

Haryana- In the reported MBBS exam scam from Pandit Bhagwat Dayal Sharma University of Health Sciences (UHS), Rohtak, authorities have now decided to to-check-answer-sheets-of-last-5-years-exams-

In this regard, an order has recently been issued by the VC stating that “As the inquiry committee suggested in its report on February 13, another committee is constituted to scrutinise the answer sheets and records of previous batches who can also be involved in this scam so that further necessary action as per the findings and rules may be taken.” 

To oversee this task, a three-member committee has been constituted under the chairmanship of PGIMS Medical Superintendent Dr Kundan Mittal. Dr Sukhdev Chandla, Professor of Physiology at PGIMS and Dr Arun Kumar, Professor of Pedodontics at PGIDS, Rohtak are the other members of the committee. According to TribuneIndia media news report, the sources on this stated that "The committee has been constituted by UHSR Vice-Chancellor Dr HK Aggarwal who wants to ensure action against officials and students involved in the MBBS annual or supplementary examination scandal”. 

This initiative aims to highlight any tampering of answer sheets or irregularities in the examination process during these examinations. Last year in 2024, a major scam of MBBS exam question papers came to light at Pandit BD Sharma UHS, where university staff charged huge sums of money from students to help them pass a particular subject by allowing them to rewrite their answer sheets using erasable ink pens and reference from the textbook 

On this, Medical Dialogues has earlier reported that the district administration has asked the institute to expedite its investigation and submit a report at the earliest for prompt action on the matter.

NMC distances from non-payment of stipend by private medical colleges

NMC distances from non-payment of stipend by private medical colleges

The violation attracts withholding and withdrawal of accreditation 

for five academic years and a penalty of Rs 1 crore.

National Medical Commission.

Kavita Bajeli-Datt

Updated on:

17 Feb 2025, 7:26 am

 

NEW DELHI: The National Medical Commission (NMC) has washed off its hands on the issue of non-payment of stipends by 198 medical colleges and institutions to its undergraduate interns, postgraduate residents, and senior residents.

Instead, they have said that the states where these medical colleges and institutions are located are responsible, an RTI has revealed.

This is despite the fact that NMC regulations clearly state that if any regulation, including non-payment of stipends to interns and postgraduate students, is violated, several steps can be taken against the erring medical college and institution.

The violation attracts withholding and withdrawal of accreditation for five academic years and a penalty of Rs. 1 crore.

Speaking with this TNIE, Union Health Minister JP Nadda also said that states are responsible for paying stipends to postgraduate residents. He, however, said that if the non-payment of stipends is brought to their attention, they will act on it.

Responding to an RTI filed by activist Dr K V Babu on the status of the action taken against stipend-non-paying colleges by the Undergraduate Medical Education Board (UGMEB), the NMC said, “It is also informed that NMC is the regulatory body which issues guidelines and regulations from time to time.”

“Implementing the guidelines/instruction/advisory is solely at the discretion of the concerned state authorities under which the medical college/institute is located. However, collecting data on a stipend is in process," the reply, dated February 10, said.

Following Supreme Court direction, the NMC issued show cause notices to 115 government and 83 private colleges and institutions last November, which this paper reported first, for non-submission of the details of stipends paid to undergraduate interns, PG residents, and senior residents or PGs in super speciality colleges and institutions.

However, despite issuing show-cause notices to these medical colleges, no action has been taken against them.

"Though the NMC issued show cause notices to 198 medical colleges for not submitting the stipend details paid to post graduates and interns and resident doctors, they have been evasive regarding their actions against these non-paying medical colleges. They have now stated that it is the discretion of state authorities!,” Kerala-based Dr Babu told this paper.

He further said that the regulations gazetted by the NMC in September 2023 regarding actions that they can take clearly state that monetary penalties up to Rs.1 crore can be imposed for non-compliance of the regulations.

“NMC can even withhold accreditation for five years. I had been repeatedly saying that the NMC is solely responsible for non-compliance of regulations by private medical colleges regarding stipend for interns and resident doctors," said Dr Babu, who has filed several RTIs on the issue of non-payment of stipend to interns.

Dr Babu also wrote to Nadda on this issue on January 29 and urged him to look into the matter and intervene under Section 45 of the NMC Act, which gives the central government the power to issue policy directions to the Commission and Autonomous Boards.

Various resident doctor associations, including FAIMA and FORDA, have raised the issue of non-payment of stipends multiple times.

The NMC conducted a survey on the directions of NHRC in 2023 to ascertain the amount paid to UG/PG students in 2023.

The survey showed that of the over 7,000 PG students, 2,000 did not receive stipends, most of which were from private colleges.

The survey also revealed that 1,228 students who were getting stipends from the colleges were asked to return them by the management.

Dr Babu said he had filed an RTI on January 13 and had sought copies of the notices issued to the medical colleges asking its post graduates to return the stipend.

In the RTI reply, dated February 15, he was told that no notices were issued and only an advisory was issued to these medical colleges.

Amid PG med admission chaos, aspirants at a loss

Amid PG med admission chaos, aspirants at a loss

Yogita.Rao@timesofindia.com  14.02.2025

Mumbai : The woes of postgraduate medical aspirants continue this admission season. While they appeared for NEET-PG last Aug, many are still waiting to secure seats. The counselling process eventually commenced in Nov, but many are still frustrated with the delays and confusion. Even as the Directorate General of Health Services’ (DGHS) medical counselling committee (MCC) set a deadline of Feb 15 to close the admissions across the country in the third round, the state is yet to start the third round, creating confusion for aspirants. A fresh set of eligibility guidelines released by the MCC for the stray vacancy round on Wednesday, which contradicts the state’s pro cess, has stumped a few. Since the state is yet to declare the allotment list in the third round, candidates who may have a chance in the state are unable to secure seats in other states, said parent representative Sudha Shenoy. 

“If astudent secures a seat in the third round somewhere else, and his/her name appears in the Maharashtra state list in the third round, they will lose aseat in their home state. If they let go of the other seat and they do not even get a seat in Maharashtra counselling, they will be out of the process. Due to the delay in Maharashtra, they are unable to take a definitive call,” she said. In the circular released by MCC, the authority specified that the candidates who did not join their allotted seats through the central process in round three are ‘not eligible’ to participate in the upcoming stray vacancy round, but it said that the ‘not reported’ candidates are eligible for state counselling. Parent Brijesh Sutaria, though, said that the state considers only the allotment list for making students ineligible. A CET cell official said the same circular mentions the candidates can contact the state counselling authorities for information on state quota seats and therefore the state guidelines will be followed. The official also said the state’s third list allotment will be released in a day or two  and they are awaiting an updated merit list from the National Board of Examinations. The state has written to MCC explaining the situation and to seek a deadline extension.

NMC to take up patients’ appeals against state council rulings

NMC to take up patients’ appeals against state council rulings

Rema.Nagarajan@timesofindia.com 04.02.2025

In a victory for patients’ rights, the National Medical Commission has decided that it will take up appeals of patients in cases against doctors. For almost five years, since the NMC was constituted in Sept 2020, it has been rejecting patients’ appeals stating that only doctors have the right to appeal against decisions of state medical councils. However, the NMC decision is yet to be made public. The minutes of the NMC meeting held on Sept 23, 2024, obtained through the right to information, showed that the NMC had agreed that all appeals received by its Ethics and Medical Registration Board (EMRB) will be entertained. In case of action not being taken by state councils on complaints filed by non-medicos (read patients or their families) even after issuance of reminders by the boards, it was decided that EMRB may take over the com plaint/matter from the state council and dispose of it. The NMC was refusing to hear patients’ appeal citing section 30(3) of the NMC Act 2019. 

The Section states: A medical practitioner or professional who is aggrieved by any action taken by a State Medical Council under sub-section (2) may prefer an appeal to the Ethics and Medical Registration Board (EMRB)against such action, and the decision…” Citing this section the EMRB and the NMC stated that the law only allowed medical practitio ners aggrieved by decisions of state councils to appeal. “I have been repeatedly arguing that patients have the right to appeal against decisions of state medical council under the ethics regulations of 2002, which have been in force all through,” said Dr KV Babu an ophthalmologist and RTI activist, who has been following up the issue through RTI applications and complaints to the ministry and the NMC since 2022. 

The clause allowing patients to appeal was added to the ethics regulations of 2002 following a Supreme Court order. Responding to several complaints from patients, the health ministry added a provision for patients to appeal in the draft of the National Medical Commission (Amendment) Bill  which was made public in Dec 2022. However, the bill has remained in limbo. In Aug 2023, the NMC brought in a new ethics code to replace the ethics regula tion of 2002. However, in the face of protests from doctors and the pharmaceutical and medical device industry, the new regulations were held in abeyance and the NMC reiterated that the old regulations would be applicable. However, patients’ appeals continued to be rejected. “The NMC Act states that ‘the rules and regulations made under the Indian Medical Council Act, 1956, shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made there under’. 

The ethics code was not replaced by the NMC, except briefly in Aug 2023. Otherwise, the 2002 regulations have been in operation right from the inception of the NMC. So, the NMC’s decision to disallow appeals of non-doctors was always illegal. I am happy that finally better sense has prevailed,” said Dr Babu. Over the years, over a hundred patient appeals have been rejected

FMGE certificates of 3 medicos revoked

FMGE certificates of 3 medicos revoked 

TIMES NEWS NETWORK 04.02.2025

Ahmedabad : The National Board of Examinations in Medical Sciences (NBEMS) has ordered the revocation of foreign medical graduate exam (FMGE) certificates of eight medical students for submitting false information. The students include three from Gujarat (two from Anand and one from Ahmedabad), two from Karnataka, and one each from Delhi, Rajasthan and Andhra Pradesh. All of them graduated from LLC Caucasus International University in Georgia. 

The board has directed state medical councils to immediately cancel these candidates’ practice registrations. According to the Jan 27 order, these candidates appeared for FMGE in Dec 2022 or June 2023 and provided fraudulent provisional documentation of their medical courses. The FMGE eligibility requires completion of a six-year medical programme, including an internship from Semesters 6 to 12.

Investigation revealed discrepancies between the subjects listed in their provisional documentation and the actual sixth-year curriculum. Sources said these candidates submitted provisional certificates without completing their mandatory internships. The NBEMS is expected to investigate similar cases where foreign medical students may have submitted provisional certificates without fulfilling the internship requirement

IMA opposes non-med teachers in colleges

IMA opposes non-med teachers in colleges 

Jan 20 2025 TOI 

Jaipur: Indian Medical Association (IMA) has opposed allowing non-medical teachers in medical colleges after National Medical Commission (NMC) has made provisions for such teachers in the draft of Teachers Eligibility Qualications in Medical Institutions Regulations, 2024. However, it pointed out that this will only be allowed if there are no medical teachers available. 

On Jan 17, the NMC had issued the draft mentioning that broad specialties in which persons with non-medical qualications will be eligible for appointment as senior resident and faculty (assistant professor and beyond) during the transitional period are anatomy, biochemistry, and physiology. 

Dr Sunil Chugh, national vice-president and former state president of IMA, said, "The first preference for anatomy, biochemistry, and physiology should be given to MBBS, MD doctors for teaching in medical colleges. In rare cases if no such teacher is available, only then, MSc with PhD in anatomy, biochemistry, and physiology should be given a chance."

The draft  says if enough faculty having qualications of a specialty are not available, one with related qualications is eligible. 

NEET PG 2024: Round 3 choice filing window opens; allotment on January 21

NEET PG 2024: Round 3 choice filing window opens; allotment on January 21

NEET PG 2024 Registration: According to the revised schedule from the Medical Counselling Committee (MCC), the choice-locking process for Round 3 has been started and will close on January 20 at 8 am.

By: Education Desk

New Delhi | Updated: January 19, 2025 17:58 IST

The choice-filling process for NEET PG 2024 round 3 began on January 12. (Express Photo/ Representational Image)

NEET PG 2024 Registration: The Medical Counselling Committee (MCC) has closed round three of NEET PG counselling registration. Candidates who did not register had a chance till noon to register and pay the fee by 3 pm till January 19 at mcc.nic.in. The deadline for the same is closed. The seat allotment will be released on January 21.

The choice-filling process for NEET PG 2024 round 3 began on January 12. According to the revised schedule from the Medical Counselling Committee (MCC), the choice-locking process for Round 3 has started today at 4 pm and will close on January 20 at 8 am.

Recently, the MCC withdrew 23 seats from the NEET PG 2024 Round 3 seat matrix, while 12 new seats have been added to the counselling for this round. Among the removed seats are two post-MBBS Diplomate of National Board (DNB) General Surgery vacancies at Ruby General Hospital in Kolkata.

As per the revised criteria, for general and EWS category candidates have to score 15 percentile and above while 10 percentile is for SC, ST, OBC, and PwD categories candidates to participate in the counselling process.

Only 3% of doctors who applied for NMR enrolment got registered: RTI

Only 3% of doctors who applied for NMR enrolment got registered: RTI

According to the RTI reply, the NMR received 8,598 applications by January 14. However, approval for 8,318 applications is still pending. Of the applications, two have been rejected.

Kavita Bajeli-Datt

Updated on:

19 Jan 2025, 7:50 am

NEW DELHI: Only 3 per cent of MBBS doctors who had applied for registration in the National Medical Register (NMR), launched by Union Health Minister JP Nadda with much fanfare five months ago, have been enrolled so far, as per a RTI reply. There are over 13 lakh licensed medical practitioners (RMP) in India.

According to the RTI reply, the NMR received 8,598 applications by January 14. However, approval for 8,318 applications is still pending. Of the applications, two have been rejected.

According to RTI activist Dr KV Babu, only 3 per cent of allopathic doctor applications have been approved.

“Of the 8,598 applications filed, 8,318 are still awaiting approval. The RTI reply clearly shows that only 278 applications have been approved by NMC so far,” said Dr Babu, who had filed the RTI on December 30 to know the number of doctors registered in the portal since its launch.

“NMC should understand the implications of 97% non-approval of the applications,” said Dr Babu, who received the reply on January 14.

“This means that less than 9,000 out of 13 lakh Indian doctors have even applied for the registration in about five months. The more applications are non-approved, the fewer new applications will come up,” he said.

The NMR is mandated under Section 31 of the NMC Act, 2019, which states that the Ethics and Medical Registration Board (EMRB) of the NMC shall maintain a national register in the electronic form containing the name, address, and all recognised qualifications possessed by a licensed medical practitioner.

As per the gazette notification of May 10, 2023, enrolling is mandatory in NMR, which Nadda has described as a comprehensive and dynamic database for allopathic (MBBS) registered doctors in India.

Dr Babu said the delay in registration is because doctors are being asked to upload an Aadhaar and submit an affidavit if their names or state medical council names do not match the current data.

As doctor registration became very complicated, the Indian Medical Association, which has 4 lakh members, took up the matter with NMC last October.

“Once the state medical councils approve the registration of a doctor, it should be automatically approved by the EMRB and entered into the NMR register,” Dr Babu said.

Philippine Medical Act amendment bill brings hope to Indian medical students

Philippine Medical Act amendment bill brings hope to Indian medical students

As per NMC, BS and MD programs are two separate degrees and thus cannot be equated to the MBBS course in India.

Ayushi Gupta | Posted December 23, 2024 02:00 PM

The amendment bill for the Philippine Medical Act, 1959 was recently passed in the lower house – House of Representatives in the Philippines – with a majority of vote counts (184-3-0) and now awaits clearance at the upper house – Senate – mandatory for a bill to become an act. The amendment bill allows foreign nationals to practice locally under the condition of 'reciprocity' or by qualifying Physicians Licensure Examination (PLE). This has brought hope to several Indian medical students in the Philippines, as this will allow them to return to India as practicing doctors after passing the Foreign Medical Graduate Exam (FMGE). However, students will have to wait for the National Medical Commission (NMC) to respond officially to the change.

The amendment bill will be presented in the upper house in January 2025. Indian medical aspirants planning to move to the Philippines for affordable medical education are keeping their fingers crossed. This also depends on the NMC, which will make the final decision after the bill is cleared in the Congress of the Philippines.

Curriculum parity

NMC has clarified that BS and MD courses are two separate degrees in the Philippines, which cannot be equated to the MBBS course in India. Dr B Srinivas, secretary, NMC, says, "India will examine the medical curriculum and duration of the programme. We will assess whether the curriculum follows the same quality parameters as the Indian medical system. Only if there is parity in the MBBS curriculum between the two countries, the facilitation measures to enable the Foreign Medical Graduates (FMGs) to appear for FMGE will be considered.”

Stranded careers

On November 18, 2021, the NMC introduced the FMGL Regulations, 2021. The regulations outlined the requirements for FMGs seeking to practice in India. Following this, on December 8, 2021, the Embassy of India in Manila issued an advisory for Indian students studying medicine in the Philippines, which highlighted that only students who were admitted for the Doctor of Medicine (MD) course in the Philippines before November 18 , 2021, would be considered eligible for registration to practice medicine in India after passing FMGE.

In 2022, a writ petition was filed in the Delhi High Court challenging the FMGL Regulations, 2021, by a student studying in the Philippines. The petition sought an exemption for the student (petitioner) affected by the new regulations. It argued, “The petitioner is an undergraduate Bachelor of Science (BS)-MD student in the Philippines. (The BS-MD course in the Philippines is a 4.5 to 5-year program combining a BS degree with an MD degree.) After completing the BS Biology course during the academic year 2020-21, the petitioner was enrolled in the MD program at the same university. The FMGL Regulations, 2021, have adversely impacted the petitioner's career, along with those of many other Indian students admitted during the 2019-20 and 2020-21 academic years."

The advisory issued by the Embassy of India further clarified that the NMC has now formally confirmed that the bridging BS course (equivalent to pre-med in the USA) of 1.5-2 years before the MD course will not be included in calculating the total duration of the medical course.

A second-year MD student from Maharashtra studying at Emilio Aguinaldo College, Manila, Philippines says, “There are around 500 Indian students in my university alone, and some larger universities have thousands of Indian students pursuing medical courses. If Congress of the Philippines enacts this amendment into law, it will significantly benefit the students. However, the future of medical graduates in India depends on the NMC's decision—whether we will be allowed to take the FMGE/NExT exam and practice medicine in India. We sincerely hope that the NMC grants a one-time exemption for students who enrolled in BS Biology or similar pre-medical courses as a pathway to the MD program before November 18, 2021.”

The overall pass percentage of students from the Philippines appearing in FMGE has been relatively better than in other countries. In the FMGE June 2024 session, a significant number of high scorers were from medical colleges in the Philippines.

Ayyalraj Nitish Babu, a medical student from Tamil Nadu studying at Davao Medical School Foundation, Philippines says, “The medical education system of the Philippines follows the American pattern. All exams are based on multiple-choice questions (MCQs), with an average passing grade of 75%. Final grades are calculated by combining scores from lab exams, attendance, minor exams, and major exams. This approach ensures that students must study consistently throughout the semester and cannot rely solely on last-minute preparation for final exams. This rigorous system makes it particularly beneficial for students aspiring to take international exams such as the United States Medical Licensing Examination (USMLE) and the Professional and Linguistic Assessments Board (PLAB).”

NMC warns students eyeing pvt medical colleges abroad

NMC warns students eyeing pvt medical colleges abroad

DurgeshNandan.Jha@timesofindia.com 02.12.2024

New Delhi : National Medical Commission (NMC) has warned aspiring students against choosing to study in private medical colleges abroad that do not adhere to regulations laid down by it. In 2021, NMC published Foreign Medical Graduate Licentiates (FMGL) Regulations. It states that no foreign medical graduate shall be granted registration to practice in India unless she or he has undergone a course leading to foreign medical degree with a minimum duration of 54 months and an internship for a minimum duration of 12 months in the same foreign medical institution.

The NMC regulation also stated that the entire course, training and internship or clerkship, shall be done outside India in the same foreign medical institution throughout the course of study and no part of medical training and internship shall be done in India or in any country other than the country from where the primary medical qualification is obtained. As Indian students continued to seek admission in noncomplying colleges abroad, NMC has issued another warning. “Any variation in duration, medium of instructions, syllabus, clinical training or internship may lead to disqualification in grant of registration in India,” the NMC said.