The National Medical Commission (NMC) has withdrawn the Maintenance of Standards of Medical Education Regulations, 2023 (MSMER-2023), with immediate effect, removing the framework that prescribed fixed penalties for medical colleges found violating prescribed standards.The withdrawal removes provisions for fines of up to Rs 1 crore per violation, restrictions on admissions, reduction in seats, and withdrawal of accreditation for up to five academic years. It also removes the specific provision for fines of up to Rs 5 lakh on faculty members and medical college administrators found submitting false declarations or records.However, medical colleges will continue to submit their Annual Disclosure Reports (ADRs), which contain information about their faculty, infrastructure, and facilities. The requirement remains in place under the broader legal framework governing medical education.
What were the Maintenance of Standards of Medical Education Regulations, 2023?
The MSMER-2023 served as an enforcement framework for maintaining standards in medical education. It specified the action that the NMC and its boards could take against institutions that failed to meet prescribed requirements, misrepresented their facilities or engaged in irregularities.The regulations provided a graded system of penalties, ranging from warnings and directions to rectify deficiencies to financial penalties and restrictions on an institution’s operations. They also established a mechanism through which medical colleges could challenge the penalties imposed on them.With the regulations withdrawn, the specific penalty structure and appeal timelines prescribed under this framework no longer apply.
NMC removes fixed penalties for medical colleges
Under the MSMER-2023, the NMC had several options to act against medical colleges found violating the prescribed standards. These included:
- Fines: Financial penalties of up to Rs 1 crore for each violation.
- Accreditation restrictions: Withholding or withdrawing accreditation for up to five academic years.
- Restrictions on expansion: Freezing applications for new courses or additional seats.
- Reduction in seats: Cutting the number of approved seats or stopping admissions to a course.
- Withdrawal of permission: Recommending the withdrawal of a college’s permission to operate.
- Pending applications: Keeping applications on hold if an institution attempted to influence the NMC or its boards through intermediaries.
The withdrawal removes these specific penalties as prescribed under the 2023 regulations. However, it does not exempt medical colleges from complying with applicable laws or other regulations governing medical education.
Rs 5 lakh penalty for false declarations removed
One of the provisions under the MSMER-2023 made individual faculty members and administrators accountable for submitting false information.Faculty members, heads of departments, deans, directors and doctors could face fines of up to Rs 5 lakh for submitting false declarations or records, including patient records. The provisions also allowed for professional misconduct action.The clause was intended to address irregularities such as the reporting of non-existent faculty members, commonly referred to as ghost faculty, and the manipulation of patient records.With the withdrawal of the regulations, the specific Rs 5 lakh penalty under this framework no longer applies. However, the removal of this provision does not automatically protect individuals who submit fabricated documents or false information from action under other applicable laws.
Annual Disclosure Report remains mandatory for medical colleges
Despite the withdrawal of MSMER-2023, medical colleges must continue filing their Annual Disclosure Reports.The ADR requires institutions to disclose information relating to their faculty strength, infrastructure and facilities. Such disclosures enable the regulator to assess whether colleges meet the prescribed requirements for medical education.The reporting requirement also draws support from the National Medical Commission Act, 2019, which remains in force. Its continuation is therefore not dependent solely on the withdrawn regulations.Medical colleges must continue complying with the applicable disclosure requirements and any other relevant directions or regulations issued by the NMC.
What happens to action against medical colleges now?
The withdrawal of MSMER-2023 removes the specific enforcement and appeal framework established under those regulations. However, it does not repeal the NMC Act or automatically invalidate other applicable regulations.Criminal law also remains applicable. Fabricating documents or submitting false records may attract criminal proceedings where the conduct constitutes an offence under the relevant law. Similarly, professional misconduct proceedings may remain possible under applicable regulatory provisions.The removal of the fixed penalty structure therefore does not mean that medical colleges or their officials can disregard statutory requirements. The consequences of any future irregularity will depend on the other laws, regulations and regulatory mechanisms that remain applicable.The immediate impact of the withdrawal is the removal of a defined set of penalties and procedural timelines that had governed enforcement under MSMER-2023. The NMC’s broader regulatory framework, including the requirement for annual disclosures, continues to apply.
