NMC Second Appeal FAQs: Sections 28(6), 35(7) and 36(3)

This is Part 2 of our guide on appealing NMC decisions to the Central Government. In Part 1, we covered the complete appellate process, the MoHFW mechanism, the 45-day timeline, and the full document checklist. Here, we answer the questions medical colleges and universities ask most often — section by section, anchored in the NMC Act, 2019 and the MoHFW Guidelines notified by Public Notice dated 25th November 2021.

FAQ 1 — Section 28(6): Can a medical college appeal if the NMC rejects its scheme?

Yes. Section 28(6) of the NMC Act, 2019 covers appeals against Commission decisions on three matters: establishment of a new medical college, increase in intake capacity, and starting a new PG medical course. Per the MoHFW Guidelines, the person concerned must prefer the appeal before the Central Government "within 30 days of communication of disapproval by the NMC." The 30-day window is strict and runs from the date the disapproval is communicated to the institution — not from the date of the internal decision. In practice, this is a second appeal: the college first appeals to the NMC against the decision of the concerned Board (typically the Medical Assessment and Rating Board), and only after the NMC decides that first appeal does the route to the Central Government open.

FAQ 2 — Section 35(7): What if the NMC refuses recognition of a qualification awarded by an Indian university?

Section 35(7) deals with recognition of medical qualifications awarded by universities within India. Under the Guidelines, the university or medical institution concerned may prefer a second appeal to the Central Government within 30 days of the communication of the NMC's decision. This matters most for institutions whose degrees face de-recognition or whose new qualifications await inclusion — the Central Government route gives them an independent forum above the Commission.

FAQ 3 — Section 36(3): Does the appeal right extend to foreign universities?

It does. Section 36(3) mirrors Section 35(7) but applies to medical qualifications awarded by universities outside India. The foreign university or medical institution concerned may prefer a second appeal to the Central Government within 30 days of communication of the NMC's decision. This is particularly relevant for institutions whose qualifications are pursued by Indian students abroad.

FAQ 4 — Who actually decides the appeal, and is there a hearing?

The Union Minister for Health & Family Welfare is the competent authority to pass final orders on appeals under Sections 28(6), 35(7) and 36(3). Before the file reaches the Minister, a Technical Expert Group — constituted randomly for each appeal from a panel of 25 eminent experts through an unbiased electronic mechanism — examines the matter and gives its written opinion with justification within two weeks. A Committee of Officials (AS & FA, Additional Secretary/Joint Secretary (ME), and a DGHS nominee) then reviews that opinion. The Guidelines expressly require the Committee to follow "the principle of natural justice" and hear the appellant if required; the Minister may also grant a personal hearing. So yes — a hearing is available, though at the Committee's or Minister's discretion.

FAQ 5 — How long does the Central Government take to decide?

The Guidelines fix a hard timeline: appeals under Sections 28(6), 35(7) and 36(3) shall be decided within 45 days of receipt, and that period already includes the two weeks allowed to the Technical Expert Group. For colleges working against admission-cycle deadlines, this is one of the mechanism's most valuable features.

FAQ 6 — What documents must accompany the appeal?

Your appeal file should reconstruct the entire history of the matter as annexures: the original application to the NMC, proof of fee payment, the inspection report(s), the Board's deficiency letter, your compliance report, the Board's decision letter, any appeal made before the Board and its outcome, the first appeal filed before the NMC, the NMC's decision on that appeal, and finally your justification for the second appeal. We've published the complete annexure-wise checklist in a ready-to-use table format in Part 1 of this guide.

A Note on Section 9(6)

Beyond the three institutional routes above, Section 9(6) provides a residual appeal to the Central Government for any person aggrieved by a Commission decision — covering grievances against Regulations, policy decisions, service matters of NMC employees, and miscellaneous matters like denial of a certificate or registration. Ethics cases under Section 30(4) follow their own separate appellate chain.

Where Section 9(6) Appeals Go

Regulation and policy appeals go to the Health Minister for decision. Service matters of Commission employees, and other miscellaneous matters such as denial of a certificate or registration, are decided at the level of Secretary (HFW) after due process.

Have a question we haven't covered? Drop it in the comments — we'll keep expanding this FAQ as queries come in from the medical education community.

Disclaimer: This FAQ is for general information only, based on the NMC Act, 2019 and the MoHFW Guidelines notified on 25.11.2021. It is not legal advice. Please consult your legal counsel and verify current procedures with MoHFW/NMC before filing.