The Bombay High Court issued notice on a Public Interest Litigation (PIL) filed by the petitioners, a registered Societies of the medical practitioners, who have brought to the notice of the High Court the acts of the respondent nos.2 and 3 (National Medical Commission and Under Graduate Medical Education Board) which were constituted in accordance with the provisions of Section 16 of the National Medical Commission Act, 2019.
According to T.D. Mandlekar, Counsel for the petitioners, the respondent no.3-Board has an autonomous status and is required to function under the Act of 2019, subject to Regulations made by the respondent no.2-National Medical Commission, as per Section 16 (2) of the Act of 2019.
Mandlekar invited the Court’s attention to Section 57 of the Act of 2019, which confers power to the Commission to frame Regulations. In compliance thereto, it is claimed that vide Notification dated 28th October, 2020, Regulations were framed by the respondent no.2 and as per Clause (5) of the Notification dated 28th October, 2020 issued by National Medical Commission, 24 Departments were identified to be established by every Medical College and Medical Institution approved for M.B.B.S. admissions annually. All these Departments, including Departments at Sr. No. (xiii)- Respiratory Medicine, at Sr.No.(xxii)-Physical Medicine and Rehabilitation and at Sr.No. (xxiii)-Emergency Medicine, are mentioned in the Notification No.NMC/MCI-35 (1)98-med (ii) 123627 dated 28th October, 2020.
It is submitted by Mandlekar that the respondent no.3, which is an autonomous Board appointed under sub-section (2) of Section 16 of the Act of 2019 is subordinate to the National Medical Commission. The respondent no.3 has issued a draft Notification, through a Public Notice dated 23rd June, 2023 which also included all the 24 subjects, however, in the final Notification dated 16th August, 2023 issued by respondent no.3, three Departments referred above, out of 24 Departments, are eliminated.
According to Mandlekar , once the mandate provided under sub-section (2) of Section 16 of the Act of 2019 confers autonomy on respondent no.3-Board, which is required to act in accordance with the Regulations framed by the respondent no.2-National Medical Commission, it is not open for the respondent no.3-Autonomous Board to jump the mandate provided under the Regulations referred above. In such an eventuality, he would claim that it is necessary to direct the respondent no.3-Board to act strictly in accordance with the Regulations-2020.
Finding substance in the contentions raised by the Counsel for the petitioners , the Division Bench of Justice Nitin W Sambre and Justice Abhay J Mantri issued notice to the respondents and listed the matter on September 4, 2024 for final disposal.