PIL against deletion of 3 SUBJECT Sin MBBS, High Court issues notices

 

 

 

THE removal of three critical subjects from the MBBS curriculum: Respiratory Medicine, Emergency Medicine, and Physical Medicine and Rehabilitation, has been challenged in the Nagpur Bench of the Bombay High Court through a Public Interest Litigation (PIL). While hearing the PIL, Justice Nitin Sambre and Justice Abhay Mantri have issued notice to the respondents - the Union of India Ministry of Health, the National Medical Commission (NMC), and the Undergraduate Medical Education Board (UGMEB). “Prima facie, there appears to be substance in the contentions raised by the counsel for the petitioners. Issue notice for final disposal to the respondents, returnable on September 4, 2024,” the Judges stated in the order. By removing these subjects, the petitioners claim that the UGMEB has exceeded its authority and potentially compromised the quality of medical education in India. They argue that this move undermines the standards set by the NMC and could negatively impact h e a l t h c a r e delivery, particularly in the context of rising road accidents and increasing respiratory diseases in India.

 

The contested guidelines, dated August 1, 2023, pertain to the framework for MBBS curriculum, while another set of guidelines issued on August 16, 2023, deals with the initiation of undergraduate medical courses. The petitioners contend that the UGMEB, an autonomous board created under the NMC Act of 2019, has overstepped its authority by deleting these subjects. They argue that the U G M E B ’ s actions contravene the regulations set forth by the NMC. The petitioners assert that the NMC, established under Section 3 of the NMC Act 2019, has the authority to frame regulations governing medical education, including the “Minimum Requirements for Annual MBBS Admission Regulations 2020.”

 

These regulations, issued on October 28, 2020, mandate the inclusion of 24 departments in medical institutions, including Respiratory Medicine, Emergency Medicine, and Physical Medicine and Rehabilitation. The petitioners highlight the critical role of the removed subjects in addressing contemporary health challenges. For instance, Respiratory Medicine is deemed essential due to the significant loss of life during the COVID-19 pandemic and ongoing concerns about respiratory diseases exacerbated by pollution and lifestyle factors. Similarly, Emergency Medicine and Physical Medicine and Rehabilitation are considered vital for effective patient care and recovery. The petition also raises concerns about the procedural validity of the guidelines, arguing that they should have received parliamentary approval as stipulated under Section 58 of the NMC Act 2019. The petitioners seek a judicial review to quash the UGMEB guidelines and restore the inclusion of the three subjects in the MBBS curriculum starting from 2024. The PIL was filed by Dr Rajesh Swarnkar, Treasurer of the Indian Chest Society, and Dr Ganesh Joshi, a member of the Indian Association of Physical Medicine and Rehabilitation. Advocate Dr Tushar Mandlekar, assisted by Advocate Tejas Fadnavis, represents the petitioners, while Adv Nandesh Deshpande, Deputy Solicitor General of India, is appearing for the Union of India.