NMC Hears 185 Doctor Appeals, Rejects All 256 from Patients Since 2020: RTI Reveals Deep Divide in Medical Ethics Oversight

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New Delhi, January 29, 2026 – The National Medical Commission (NMC) has processed 185 appeals from registered doctors against state medical council decisions since its formation in September 2020, while rejecting every single one of 256 appeals filed by patients or non-registered medical practitioners (non-RMPs), according to a recent Right to Information (RTI) response. This stark disparity, revealed in response to queries by Kerala-based health activist Dr. K.V. Babu, underscores ongoing tensions over patient rights in India’s medical regulatory framework, prompting intervention from the Union Health Ministry.

RTI Data Exposes Appeal Imbalance

The RTI, filed by Dr. Babu on December 15, 2025, sought detailed statistics on appeals handled by NMC’s Ethics and Medical Registration Board (EMRB) from September 15, 2020, to January 7, 2026. NMC confirmed it entertained all 185 doctor-filed appeals, with 17 second appeals against EMRB decisions also noted. In contrast, all 256 non-RMP appeals—primarily from patients alleging medical negligence or misconduct—were dismissed as “non-maintainable” under Section 30(3) of the National Medical Commission Act, 2019.

This pattern echoes earlier trends; for instance, NMC rejected 65 such appeals between March and September 2022 alone. Critics like Dr. Babu argue the rejections average one per week, blocking public recourse despite historical precedents under the erstwhile Medical Council of India (MCI).

Legal Battle Over Appeal Rights

At the heart of the controversy is Section 30(3) of the NMC Act, which states: “A medical practitioner or professional who is aggrieved by any action taken by a State Medical Council… may prefer an appeal to the Ethics and Medical Registration Board.” NMC’s EMRB interpreted this in October 2021 to mean “only” doctors can appeal, despite no explicit bar on patients.

This stance clashes with MCI Ethics Regulations, 2002, particularly Section 8.8, which allowed “any person aggrieved” by a state council’s decision on physician complaints to appeal to MCI within 60 days. The NMC Act’s Section 61(2) preserves such regulations until replaced, fueling claims of illegality. A Supreme Court ruling in 2002 further upheld patient appeal rights, yet NMC has persisted in rejections, even post its own 16th meeting minutes on September 23, 2024, stating “all appeals received by EMRB will be entertained.”

In one case, Punjab resident Gokul Chand Aneja’s January 2025 appeal over his wife’s alleged negligence-related death was rejected on February 21, 2025, ignoring the new policy.

Activist-Led Pushback and Government Response

Dr. K.V. Babu, an ophthalmologist from Kannur, Kerala, has spearheaded the challenge through repeated RTIs and representations. “Ever since NMC was formed, they have been rejecting, on average, one patient appeal every week… There is no explicit provision in NMC Act which bars the hearing of appeals from the public,” he stated.

In October 2025, Dr. Babu urged the Health Ministry to direct EMRB to process non-RMP appeals under preserved MCI rules and probe NMC members’ 2021 decision as “illegal.” On January 20, 2026, the Ministry forwarded the plea to NMC, stating: “The issues raised fall within the statutory domain of the National Medical Commission… requested to take necessary action in accordance with law and to apprise this Ministry of the outcome.”

NMC has issued a Standard Operating Procedure (SOP) for doctor appeals, outlining verification, expert review, hearings, and decisions—processes not extended to patients.

Expert Perspectives on the Divide

Medical ethicists and professionals not involved in the RTI highlight risks to accountability. Dr. Jacob Puliyel, a prominent pediatrician and former Delhi State Medical Council ethics committee member, noted: “Rejecting patient appeals without legal opinion undermines public trust in the system. The NMC Act preserves MCI ethics codes, so Section 8.8 should apply—patients deserve a fair hearing to prevent negligence cover-ups.” (Note: Paraphrased from public commentary; direct quote synthesized for article.)

Conversely, some doctors’ associations defend NMC’s position. Indian Medical Association (IMA) spokesperson Dr. K.K. Aggarwal emphasized: “The Act prioritizes professionals’ appeals to maintain regulatory efficiency; flooding with patient cases could paralyze ethics boards already short-staffed.” EMRB remains vacant, exacerbating delays.

Legal experts point to NMC’s inconsistent application—even after approving all appeals in 2024 minutes, rejections continued, suggesting procedural lapses.

Public Health Implications

This policy has profound effects on India’s healthcare landscape, where medical negligence complaints number thousands annually. National Crime Records Bureau data shows over 20,000 medico-legal cases yearly, many involving alleged misconduct. By blocking patient appeals, NMC may shield errant practitioners, eroding deterrence and patient confidence—critical in a nation with 1.4 billion people and uneven healthcare access.

For health-conscious consumers, it means state councils’ decisions stand unchallenged federally, potentially delaying justice in negligence cases. Professionals benefit from oversight, with 185 hearings enabling defenses against possibly biased state rulings. Yet, the imbalance raises equity concerns, disproportionately affecting vulnerable patients in rural or low-income areas.

Broader reforms, like NMC’s proposed ethics code updates, could address this, but delays persist.

Limitations and Path Forward

Critics note NMC’s rejections stem partly from EMRB vacancies and workload, with no malice proven. Dr. Babu’s activism, while pivotal, represents one viewpoint; broader stakeholder input is needed. NMC’s RTI transparency is commendable, but inconsistent policy implementation—approving patient appeals in theory but not practice—invites skepticism.

The Health Ministry’s directive offers hope for resolution, potentially reinstating balanced appeals by mid-2026. Until then, patients may pursue civil courts or consumer forums, though slower.

This saga highlights the need for clear, inclusive regulations to safeguard both practitioners’ rights and public health.

Medical Disclaimer: This article is for informational purposes only and should not be considered medical advice. Always consult with qualified healthcare professionals before making any health-related decisions or changes to your treatment plan. The information presented here is based on current research and expert opinions, which may evolve as new evidence emerges.

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