IN A Public Interest Litigation
(PIL) challenging the removal
of three critical subjects —
Respiratory Medicine,
Emergency Medicine, and
Physical Medicine and
Rehabilitation — from the
MBBS curriculum, the Nagpur
Bench of the Bombay High
Court has warned of drawing
an adverse inference due to the
respondents’ failure to file their
responses.
The court has scheduled the
next hearing for September 25,
stating, “If the respondents
choose not to file a reply, this
Court will draw an adverse
inference against them.”
During the hearing on
Wednesday, Justices Nitin
Sambre and Abhay Mantrinot-
ed that the Union of India has
neither filed a reply nor issued
anyinstructions to theDeputy
Solicitor General of India
(DSGI) Nandesh Deshpande.
Although DSGI sought addi-
tional time, there has been no
communicationorinstructions
from the Union ofIndia or any
other respondents requesting
an extension for filing a reply.
Additionally,tworespondents,
despite being served, have not
appeared in the matter.
Counsel for the petitioners
emphasized that, given that
admissions to medical cours-
es are ongoing, the matter
should be heard promptly.
The petitioners argue that
byremoving thesesubjects, the
Undergraduate Medical
EducationBoard (UGMEB)has
exceeded its authority and
compromised the quality of
medical education in India.
They contend that this move
undermines the standards set
by the National Medical
Commission (NMC) andcould
negatively impact healthcare
delivery, especially in light of
rising road accidents and
increasingrespiratorydiseases
in India.
The contested guidelines,
dated August 1, 2023, pertain
to theMBBScurriculum frame-
work, while another set issued
on August 16, 2023, addresses
the initiation of undergradu-
ate medical courses. The peti-
tioners assert that theUGMEB,
an autonomous board estab-
lished under the NMC Act of
2019, has overstepped its
authoritybydeleting thesesub-
jects. They argue that these
actions contravene NMC reg-
ulations.
The petitioners underscore
the criticalrole of the removed
subjects in addressing con-
temporary health challenges.
For instance, Respiratory
Medicine is deemed essential
due to the significant loss of
life during the COVID-19 pan-
demic and ongoing concerns
about respiratory diseases
exacerbated by pollution and
lifestyle factors. Similarly,
Emergency Medicine and
Physical Medicine and
Rehabilitation are considered
crucial foreffectivepatientcare
and recovery.
Advocate Dr. Tushar
Mandlekar, assisted by
Advocate Tejas Fadnavis, rep-
resents the petitioners