Second Appeal to Central Government Against NMC Decisions
When the National Medical Commission (NMC) disapproves a medical college's application — whether for establishing a new college, increasing intake capacity, starting a new PG course, or recognising qualifications — the story does not end there. The NMC Act, 2019 gives every aggrieved institution a statutory right of appeal to the Central Government. This is not a discretionary favour; it is written into the Act itself.
Yet many colleges and their administrators struggle to find clear, consolidated information on how this appeal actually works. The Ministry of Health & Family Welfare (MoHFW) notified the appellate mechanism through a Public Notice dated 25th November 2021 (No. V.11025/254/2020-MEP (Pt.)), but that notice is no longer easily found on official portals, and the accompanying document checklist has become difficult to trace. This article consolidates the entire framework in one place — the legal basis, the decision-making machinery, the timelines, and the complete checklist of documents you need to prepare. For a section-by-section FAQ version of this guide, see Part 2: NMC Second Appeal FAQs.
Your Right of Appeal Under the NMC Act, 2019
Four provisions of the Act create appeal routes to the Central Government:
Section 28(6) — Appeal against NMC decisions on grant of permission for (1) establishment of a new medical college, (2) increase in intake capacity, and (3) starting a new PG medical course. The appeal must be preferred before the Central Government within 30 days of communication of disapproval by the NMC.
Section 35(7) — Appeal against NMC decisions on recognition of medical qualifications awarded by universities within India. The university or medical institution may prefer a second appeal to the Central Government within 30 days of communication of the NMC's decision.
Section 36(3) — Appeal against NMC decisions on recognition of medical qualifications awarded by universities outside India. The foreign university or institution may prefer a second appeal to the Central Government within 30 days.
Section 9(6) — A residual route: any person aggrieved by a decision of the Commission (except ethics decisions under Section 30(4), which follow their own appellate chain through the Ethics & Medical Registration Board and the Commission) may appeal to the Central Government within 30 days.
The 30-day limitation period is the single most important procedural point. It runs from the date the NMC's decision is communicated to you, so the clock starts early and moves quickly.
Who Decides Your Appeal: The MoHFW Appellate Mechanism
For appeals under Sections 28(6), 35(7) and 36(3), the Hon'ble Union Minister for Health & Family Welfare is the competent authority to pass final orders. The Minister is assisted by a two-tier structure.
Technical Expert Group (TEG)
Each appeal is first examined on merits by a Technical Expert Group drawn from a pre-approved panel of 25 eminent experts across diverse specialties, including five from para-clinical or non-clinical backgrounds. For every individual appeal, the group is constituted randomly through an unbiased electronic mechanism — a safeguard against any fixed or predictable bench. The TEG comprises four eminent medical experts, one para-clinical/non-clinical expert, and the Director (ME), with three members forming quorum. The TEG must convey its written opinion, with justification, to the Ministry within two weeks of the Ministry receiving the appeal.
Committee of Officials
The TEG's recommendation then goes to a Committee of Officials — comprising the AS & FA, the Additional Secretary (ME) or Joint Secretary (ME), and a nominee of the DGHS — which takes a considered view. Importantly, the Committee is bound to follow the principles of natural justice and must hear the appellant, if required, before finalising its views.
Final Decision
The TEG's opinion and the Committee's views are placed before the Health Minister, who decides the matter and may also grant a personal hearing to the appellant. The decision is then communicated to the appellant.
The Timeline: 45 Days
Appeals under Sections 28(6), 35(7) and 36(3) must be decided within 45 days of receipt — and that period includes the two weeks allotted to the Technical Expert Group. For an institution facing an admissions cycle, this compressed timeline is a genuine protection: the process is designed not to drag.
Appeals Under Section 9(6): The Other Routes
The mechanism for Section 9(6) appeals depends on the subject matter. Grievances against NMC Regulations or policy decisions are processed on file and submitted to the Health Minister for decision. Service matters of Commission employees are disposed of at the level of Secretary (HFW), with a hearing granted if required. All other miscellaneous appeals — such as denial of a certificate or registration — are likewise processed on file and decided at Secretary (HFW) level after due process.
The Complete Document Checklist for Filing Your Appeal
The checklist below reflects the annexure format used for appeals to the Central Government under Sections 28(6), 35(7) and 36(3). Compile every document in this order, fill in the relevant dates from your own case record, and mark whether a copy is attached. Treat each serial number as an annexure to your appeal memorandum.
Notice the logic of the sequence: it reconstructs the entire life of your application — from original submission and fee payment, through inspection and deficiency communication, compliance, the Board's decision, any first appeal before the NMC, and finally the justification for approaching the Central Government. A well-prepared appeal file tells this story completely and in order.
Practical Notes for Medical Colleges
First, diarise the 30-day limitation from the date of communication of the NMC's decision — this is jurisdictional and unforgiving. Second, the justification for the second appeal (item 11) is where your case is really made: address each deficiency cited by the Board, document your compliance with evidence, and explain precisely why the NMC's decision on your first appeal deserves reconsideration. Third, note that the NMC has progressively digitalised its application and approval workflows, which has improved transparency at the Commission's end — but the statutory appeal right to the Central Government remains fully intact and unchanged. Always verify the current filing modality with MoHFW before submission, as administrative procedures can be updated. Our FAQ on MARB assessment, ratings and penalties is a useful companion read if your appeal traces back to a MARB decision.
Have You Been Through an NMC Appeal?
DoctorFaculty exists to keep the medical education community informed of its rights and remedies. If your institution has preferred an appeal under Section 28(6), 35(7) or 36(3) — or if you are weighing one now — share your experience or questions in the comments below. What worked, what didn't, and where did you face hurdles? Your input helps other colleges navigate the process better.
Disclaimer: This article is for general information only and is based on the MoHFW Public Notice dated 25.11.2021 and the NMC Act, 2019. It does not constitute legal advice. Institutions should consult their legal counsel and verify the latest procedures with MoHFW/NMC before filing an appeal.