The NMC's Ph.D Diktat: An Overreach That Must Be Corrected
When a Regulator Colours Outside Its Lines
There is a quiet injustice unfolding in India's medical colleges. It does not make headlines. It does not involve patients or prescriptions. It involves a group of dedicated scientists and educators - the non-medical faculty who teach Anatomy, Physiology, Biochemistry, Pharmacology and Microbiology to generations of medical students - and a regulatory clause that is, on close examination, legally indefensible, academically irrational, and procedurally unjust.
The National Medical Commission, in its Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022, inserted a condition that non-medical graduates holding M.Sc. and Ph.D qualifications can be appointed as Assistant Professors only if the Ph.D was "granted by the recognized Medical College/Institute as regular on campus course in the subject concerned."
Seven words. Enormous consequences.
This article argues that this condition is wrong on every significant count - jurisdictional, legal, academic, and moral - and that the NMC has both the obligation and the opportunity to correct it.
I. The NMC Has No Jurisdiction Over Ph.D Programs
This is the foundational argument, and it is not subtle.
The Ph.D is India's highest academic degree. It is entirely governed by the University Grants Commission (UGC) - the statutory body established under the UGC Act, 1956, with the explicit mandate to coordinate and maintain standards in university education. The UGC's Minimum Standards and Procedure for Award of Ph.D Degree Regulations (revised in 2016 and 2022) are comprehensive: they govern eligibility, mode of study, duration, coursework, guide qualifications, thesis evaluation, and the conduct of the viva voce.
The NMC, by contrast, is a creation of the National Medical Commission Act, 2020. Its mandate is to regulate medical education - that is, undergraduate and postgraduate medical courses. The Ph.D does not appear in any Schedule of the NMC Act. It is not a "medical course" in any statutory sense. The NMC neither designs Ph.D curricula, nor evaluates Ph.D theses, nor grants Ph.D degrees. Universities do - and universities do so under UGC's framework.
The legal principle here is elementary: a regulator may only act within the domain that its parent statute authorises. When the NMC prescribes the mode in which a Ph.D must be conducted as a condition of employment in a medical college, it is not regulating medical education. It is regulating doctoral education - a domain that squarely belongs to the UGC. This is a textbook case of regulatory overreach, and overreach of this kind does not survive judicial scrutiny.
If the NMC wished to set minimum qualification standards for faculty - which is entirely within its mandate - it should have stopped at saying what qualification is required. The moment it began dictating how that qualification must have been obtained, it stepped into the UGC's backyard.
II. The "Regular On-Campus" Condition Contradicts UGC's Own Framework
The UGC explicitly recognises two legitimate modes of Ph.D: full-time and part-time. Distance mode is not permitted - a safeguard to protect quality. But part-time Ph.D, conducted under a university's prescribed norms and with all the same academic requirements - coursework, thesis, evaluation - is fully valid and fully equivalent in the eyes of the only body that has authority to make that determination.
Thousands of Indian academics - faculties, scientists, laboratory consultants - have earned their Ph.D through the part-time route, because the demands of a full-time laboratory or teaching roles made the full-time route impractical, not because they were looking for shortcuts. Their theses were scrutinised by external examiners. Their viva voces were conducted. Their universities awarded their degrees. The UGC recognised those degrees. No quality compromise occurred.
The NMC's "regular on campus" clause repudiates this entirely. It effectively tells a non-medical teacher: "Your university found your research sufficient. Your UGC-regulated degree is valid. But we - who have no role in Ph.D regulation - have decided your mode of study was wrong."
On what academic basis? None is offered. On what legal basis? None exists.
III. Retrospective Application: A Violation of Natural Justice
The 2022 Regulations came into force upon their publication. Yet the NMC is applying the "regular on campus" condition to faculty who registered for their Ph.D programs and, in many cases, completed and were awarded degrees years before 2022.
This is retrospective penalisation - and it strikes at a principle of law so fundamental that it predates the Indian Constitution: no person should be penalised under a rule that did not exist when they acted. The Latin maxim nullum crimen sine lege - no crime without law - and its administrative law equivalent protect citizens and professionals from exactly this kind of arbitrary rule-making.
A teacher who enrolled in a part-time Ph.D program in 2015 did so in full compliance with their university's norms and UGC's framework. They made a career decision - a years-long investment of time, intellectual energy, and often personal sacrifice - under a specific regulatory environment. To now tell them that their degree is not "recognised" for appointment or promotion is not merely unfair. It is legally indefensible. Courts have repeatedly struck down regulations applied retrospectively to deprive individuals of rights or positions they had legitimately acquired.
The NMC cannot create a new eligibility condition in 2022 and then use it to nullify qualifications earned in 2012. That is not regulation. That is retroactive disqualification. It should not survive a legal challenge, and it should not have to come to that.
IV. The Requirement of a Ph.D for Non-Medical Teachers Is Itself Poorly Reasoned
To understand the full picture, one must also examine whether demanding a Ph.D from non-medical teachers is academically justified in the first place.
Consider the parallel. A medical faculty member teaching Anatomy holds an MBBS and an MD in Anatomy - a structured, examination-based postgraduate qualification that directly trains them in the subject they will teach. Their qualification has a clear, functional relationship to their teaching role.
A non-medical faculty member holding an M.Sc. (medical) in the relevant discipline - a postgraduate programme of similar curriculum and rigour - is similarly equipped for undergraduate teaching. The M.Sc. (medical) provides the content knowledge. What additional classroom competence does a Ph.D confer?
The Ph.D is fundamentally a research degree. It certifies the ability to identify a problem, frame a hypothesis, design a methodology, generate original data, and defend original conclusions. These are valuable capacities - essential for building research culture in medical colleges. But they are not the competencies primarily needed to teach first-year medical undergraduates the histology of the liver or the mechanics of cardiac muscle contraction.
The honest answer to why the NMC insists on a Ph.D for non-medical faculty - while making no such demand of medical faculty beyond their MD - is one of parity by years of training, not by functional need. Medical faculty spend 8½ years in formal education before eligibility (MBBS plus MD). Non-medical faculty, with only a bachelor's and master's degree (B.Sc plus M.Sc), fall short of that duration (6 years). The Ph.D (2-3 years) fills the gap - not educationally, but arithmetically.
If that is the reasoning - and it appears to be - then it should be stated honestly and examined critically. Credential parity is not educational equivalence. And building a faculty policy on arithmetic rather than academic logic produces exactly the kind of arbitrary rule we are now discussing.
V. The Human Cost Is Real
Behind the clauses and sub-regulations are real people. Associate Professors who taught medical students for fifteen years. Scientists who published in peer-reviewed journals. Tutors who supervised undergraduate students. Academics who pursued a part-time Ph.D because their department needed them in the laboratory and classrooms while they studied - exactly as the UGC's framework intended to accommodate.
These individuals now find themselves in an impossible position. Their degrees are valid in every court of law, every university senate, every UGC record. But under this NMC clause, they may be passed over for promotion, denied appointment, or rendered ineligible for positions they are otherwise fully qualified to hold - purely because their mode of doctoral study does not match a label the NMC had no business applying.
This is not a minor procedural inconvenience. For many, it represents the derailment of a career. That the NMC applied this rule retrospectively makes it not just legally suspect, but profoundly unjust.
VI. What the NMC Must Do
The correction required is not complicated. It requires neither a legislative amendment nor a prolonged consultative process. The NMC must:
First, delete the words "as regular on campus course" from the relevant provision. The qualification required should be M.Sc. (relevant medical subject) and Ph.D — full stop. Whether that Ph.D was full-time or part-time is a matter exclusively between the candidate, their university, and the UGC.
Second, A saving clause within the amendment to nullify adverse actions taken during the 2022–amendment period, so that the injustices done to those affected are reversed.
Third, acknowledge in future consultations that its mandate over faculty qualifications ends at what qualification is required, not how that qualification was pursued. Respecting the jurisdictional boundary with the UGC is not a courtesy - it is a constitutional and statutory obligation.
And, finally
India's non-medical faculty in non-clinical departments are not peripheral figures. They are the scientists who ensure that medical students understand, before they ever see a patient, how the human body is built, how it functions, how drugs work, how laboratory tests assist diagnosis and how chemistry underpins life. They deserve a regulatory environment that respects their qualifications, acknowledges their academic standing, and holds itself to the same standards of rationality and legality that it demands of others.
The NMC's insertion of four words - "regular on campus course" - into a subordinate regulation has caused disproportionate harm. It was made without adequate legal basis. It was applied retrospectively without justification. It contradicts the framework of the only body authorised to regulate doctoral education. And it discriminates against a category of faculty who had done nothing wrong.
Good governance demands self-correction when an error is identified. The case has been made. The burden is now on the NMC to act - not in the interest of any one category of teachers, but in the interest of the principle that regulation must be lawful, rational, and just.