NMC Withdraws 2023 Rules on Ghost Faculty and Fake Records

The National Medical Commission (NMC) has withdrawn the Maintenance of Standards of Medical Education Regulations, 2023 (MSMER-2023), removing the rulebook that specified penalties for medical colleges found violating prescribed standards. The regulations included financial fines, restrictions on admissions, reductions in seats and penalties for individuals responsible for submitting false declarations or records.

The withdrawal has immediate implications for how regulatory violations were addressed under this particular framework. Medical colleges will no longer face the fixed penalties prescribed by MSMER-2023, including fines of up to Rs 1 crore per violation. The provision allowing fines of up to Rs 5 lakh for faculty members and administrators who submitted false information has also been removed with the withdrawal of the regulations.

However, the decision does not eliminate the broader legal obligations of medical institutions. The Annual Disclosure Report (ADR), through which colleges provide information about faculty, infrastructure and facilities, will continue to be required. The NMC Act and other applicable regulations also remain in force.

This distinction is important for medical colleges, administrators, doctors and students. The withdrawal removes a specific enforcement framework, but it does not establish that institutions can disregard medical education standards, conceal information or submit fabricated records without consequences under other applicable laws.

What were the Maintenance of Standards of Medical Education Regulations, 2023?

MSMER-2023 served as an enforcement framework for the NMC, setting out how regulatory boards could respond when medical colleges failed to meet prescribed standards or provided inaccurate information about their facilities and operations.

The regulations covered violations involving institutional compliance, disclosures and the broader objectives of medical education. They also specified the penalties that could be imposed and provided a process through which colleges could challenge decisions they considered unfair.

In practical terms, the rulebook established a structured response to non-compliance. Depending on the nature and seriousness of a violation, the available measures ranged from warnings and directions to correct deficiencies to substantial financial penalties and restrictions affecting a college’s ability to admit students or introduce additional courses.

By withdrawing MSMER-2023, the NMC has removed that prescribed penalty structure. The immediate change concerns the mechanisms and fixed consequences established under the withdrawn regulations, rather than the disappearance of the country’s wider medical education regulatory system.

Which penalties have been removed?

MSMER-2023 provided the NMC’s boards with a range of measures to address violations by medical institutions. These measures were intended to cover different levels of non-compliance, from deficiencies that could be corrected to violations that could affect a college’s approval to operate.

The penalty framework included:

• Financial fines: Penalties of up to Rs 1 crore for each violation.
• Restrictions on accreditation: Withholding or withdrawing accreditation for a period of up to five academic years.
• Restrictions on new courses and seats: Freezing applications for new courses or additional seats.
• Reduction in student intake: Cutting approved seats or stopping admissions to a course.
• Withdrawal of permission: Recommending the withdrawal of a college’s permission to operate.
• Action involving pending applications: Holding pending applications where a college attempted to influence the NMC or its boards through intermediaries.

These measures formed part of the specific enforcement system established by MSMER-2023. With the regulations withdrawn, the penalties can no longer be treated as the continuing fixed penalty schedule under that rulebook.

For medical colleges, the change affects the regulatory framework that previously connected identified violations with specified consequences. For regulators, it means that the withdrawn regulations can no longer serve as the operative basis for imposing penalties under their provisions.

The withdrawal alone, however, does not clarify what alternative enforcement arrangements may be introduced in the future. Any new mechanism would need to be assessed against the relevant legal provisions and regulations issued by the competent authorities.

Rs 5 lakh penalty for false records and ghost faculty removed

One of the most significant changes concerns personal accountability for individuals who submitted false declarations or records to medical regulators.

Under MSMER-2023, faculty members, department heads, deans, directors and doctors could face fines of up to Rs 5 lakh for submitting false information. The provisions covered declarations and records, including patient records, and could also lead to professional misconduct proceedings.

The rules were relevant to cases involving alleged ghost faculty and falsified patient records. Ghost faculty refers to teachers who are reported as working at a medical college but may not actually be available to perform the duties attributed to them. Inaccurate staffing records can make a college appear to meet faculty requirements even when its actual teaching capacity does not match the reported figures.

Similarly, inaccurate or fabricated patient records can undermine the reliability of information used to assess a medical institution’s clinical facilities and training environment.

The personal penalty provision sought to make individuals responsible for the information they submitted on behalf of their institutions. Its withdrawal means that the specific fine of up to Rs 5 lakh under MSMER-2023 is no longer part of the operative framework.

However, the removal of this particular penalty does not mean that falsifying records is automatically lawful. Other applicable laws and professional disciplinary provisions may still apply, depending on the conduct involved and the legal basis for action.

For doctors and college administrators, the distinction is important: the fixed penalty under the withdrawn regulation has gone, but other legal or professional consequences cannot be ruled out simply because MSMER-2023 has been withdrawn.

What happens to the appeal process for medical colleges?

MSMER-2023 also established a specific process through which medical colleges could challenge penalties imposed under the regulations.

A college could appeal to the NMC within 60 days of a penalty. If it remained dissatisfied with the outcome, or if the commission did not decide the appeal within 45 days, it could approach the Central Government within a further period of 30 days. The decision at that level was described as final under the withdrawn framework.

These deadlines and procedural steps formed part of MSMER-2023. Their removal means that colleges can no longer rely on this particular appeal route as a continuing procedure for matters arising after the regulations were withdrawn.

That does not mean medical institutions have necessarily lost every avenue to challenge regulatory decisions. Any available remedy will depend on the applicable statutory provisions, other regulations and the circumstances of the case.

The treatment of appeals and proceedings already pending at the time of withdrawal is also important. The NMC’s notification contains provisions addressing matters that existed before the regulations were withdrawn, rather than simply treating every earlier case as if it had never occurred.

What remains in force after the NMC withdrawal?

Although MSMER-2023 has been withdrawn, several important obligations continue to apply to medical colleges. The NMC’s notification specifically preserves the requirement to submit an Annual Disclosure Report, while the wider statutory framework governing medical education remains in place.

1. Annual Disclosure Report remains mandatory

Medical colleges must continue to submit their Annual Disclosure Report. The report contains information about institutional facilities, faculty and infrastructure, helping regulators assess the information disclosed by medical institutions.

The NMC has clarified that the requirement does not depend solely on MSMER-2023. It continues under Sections 24(i) and 25(h) of the National Medical Commission Act, 2019, together with the regulations applicable from time to time.

Consequently, institutions should not interpret the withdrawal as permission to stop filing the report or to disregard disclosure requirements. They must continue to follow the applicable reporting framework and any relevant instructions issued by the commission.

2. The National Medical Commission Act continues to apply

The National Medical Commission Act, 2019, remains the parent legislation governing the commission’s statutory responsibilities. The withdrawal of one set of regulations does not repeal the Act or remove every regulatory power and obligation established under it.

Other applicable NMC regulations also remain relevant. Medical colleges must therefore determine their obligations under the legal provisions that continue to govern their operations, rather than treating the removal of MSMER-2023 as a general exemption from regulatory oversight.

3. Criminal law and professional disciplinary action remain relevant

The withdrawal does not automatically protect individuals or institutions from consequences under other laws. Depending on the circumstances, fabricating documents or knowingly submitting false information may still trigger criminal proceedings or professional disciplinary action under applicable legal provisions.

The precise consequences will depend on the facts of a case and the laws that apply. The important distinction is that the fixed penalties contained in MSMER-2023 have been removed, while independent legal provisions may continue to address misconduct.

Will earlier penalties and pending cases be affected?

The withdrawal notification also addresses the transition from the 2023 regulations to the legal framework that remains in force.

According to the notification, the de-notification does not automatically undo actions taken under MSMER-2023 before its withdrawal. It also preserves the effect of specified approvals, renewals, orders, decisions, directions, and rights, obligations or liabilities that had already arisen under the regulations.

Applications, proceedings, appeals, inquiries and other matters pending immediately before the withdrawal are to continue to be dealt with under the 2023 regulations, insofar as applicable and subject to the terms of the notification.

This distinction separates existing matters from new ones. Matters arising on or after the withdrawal will be governed by the NMC Act, 2019, and the statutory and regulatory provisions in force at the relevant time.

For colleges facing existing proceedings, the withdrawal should therefore not be assumed to cancel every earlier regulatory action or automatically terminate every pending case. The applicable transitional provisions and the details of the individual matter will determine how it is handled.

What the decision means for medical education oversight

The removal of MSMER-2023 changes the framework through which specific medical education violations were addressed. The withdrawn regulations linked certain forms of non-compliance to defined sanctions, including financial penalties, restrictions on admissions and personal fines for false declarations.

Without that rulebook, the immediate question is how future violations will be handled under the statutory provisions and other regulations that remain applicable, as well as any new rules the NMC may issue.

For medical colleges, the continuing requirement to disclose faculty, infrastructure and facilities means that transparency remains an essential obligation. Institutions must still provide the information required by law, and the withdrawal does not remove the need to comply with other applicable standards.

For students, the issue is relevant because the quality of medical education depends on more than formal approvals. Adequate teaching staff, functional infrastructure and credible clinical training arrangements are important elements of medical education. Reliable disclosures and effective regulatory oversight help establish whether institutions meet their obligations.

At the same time, the legal effect of the withdrawal should be distinguished from assumptions about how every college will behave or how future enforcement will operate. The notification establishes that MSMER-2023 has been withdrawn and that the ADR requirement continues. It does not, by itself, establish that every form of oversight has ended or specify the full details of any replacement penalty framework.

What medical colleges and faculty should do next

Medical institutions should review the NMC notification and identify which obligations continue under the parent Act and other applicable regulations. They should maintain accurate records, submit the required Annual Disclosure Report and follow the reporting requirements currently in force.

Faculty members and administrators should also distinguish between the removal of the specific Rs 5 lakh penalty and the continued relevance of other professional or legal obligations. The withdrawal should not be treated as a reason to submit inaccurate declarations or disregard record-keeping requirements.

Colleges with existing regulatory matters should review the notification’s transitional provisions and seek appropriate legal guidance where necessary. Because earlier actions and pending proceedings are addressed separately, the consequences of withdrawal may differ between a case already under consideration and a new matter arising after the regulations ceased to operate.

Any future NMC notification or replacement framework will also be important in determining how violations are identified, assessed and addressed going forward.

Conclusion

The National Medical Commission’s withdrawal of the Maintenance of Standards of Medical Education Regulations, 2023, removes a specific framework that prescribed penalties for medical colleges and individuals accused of violating medical education requirements. The changes include the removal of fines of up to Rs 1 crore per violation, restrictions linked to accreditation and admissions, and the personal fine of up to Rs 5 lakh for false declarations.

However, the decision does not eliminate the Annual Disclosure Report requirement or repeal the National Medical Commission Act, 2019. Other applicable regulations, criminal laws and professional disciplinary provisions may continue to apply, while the notification also addresses actions and proceedings that existed before the withdrawal.

The key issue now is how future violations will be handled under the remaining legal framework and any subsequent regulations. For medical colleges, doctors and administrators, the immediate priority remains compliance with disclosure requirements, accurate record-keeping and the laws governing medical education.