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