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This is an archive article published on August 30, 2019

NMC Act: Delhi High Court stays Centre’s direction to nominate members

Earlier this month, more than 20,000 resident doctors from government hospitals went on strike and refrained from attending to OPDs and other routine services.

National Medical Commission, NMC Bill, MBBS, MMBS Students, Narional exit test, NEXT, NEXT test, National Medical Commission replacing Medical Council of India, Medical Council of India, Lok Sabha, Medical sector in India, Harsh Vardhan, Medical Council Act 1956, Indian Express explained Justice Navin Chawla stayed the government’s August 9 direction to all states and UTs till September 16, on the National Medical Commission (NMC) Bill, 2019, which has been passed by Parliament and became an Act after receiving the President’s assent. (Representational image)

The Delhi High Court Thursday stayed the operation of Centre’s direction to all states and Union Territories to nominate members of the State Medical Council for the composition of Medical Advisory Council (MAC) under the National Medical Commission Act, 2019.

Justice Navin Chawla stayed the government’s August 9 direction to all states and UTs till September 16, on the National Medical Commission (NMC) Bill, 2019, which has been passed by Parliament and became an Act after receiving the President’s assent.

It said that the government should not insist on nominations of members and sought a reply before the next date of hearing.

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Central government’s standing counsel Monika Arora and advocates Harsh Ahuja and Kushal Sharma, appearing for the Ministry of Health and Family Welfare, said that sections in the Act will be implemented at different stages and the government has nine months to notify the Act.

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Arora further apprised the court that as of now the Medical Council of India (MCI) is in place and it will be dissolved only after the NMC Act comes into force.

The court’s interim order came on a plea by Dr Anil Agarwal, who claims to be an elected member of the Delhi Medical Council (DMC).

In his plea, Agarwal claimed that he is aggrieved by the Centre’s direction, as there are no rules, regulations, guidelines or procedure to elect or nominate members from DMC for MAC under the NMC Act, 2019.

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Agarwal has sought quashing of the Centre’s direction on August 9.

Earlier this month, more than 20,000 resident doctors from government hospitals went on strike and refrained from attending to OPDs and other routine services. The medical practitioners were protesting against the NMC Bill which was passed in Rajya Sabha on August 1 with some amendments. The Lok Sabha passed it on August 6.

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