In the instant matter, the Petitioners are Non - Medical Teachers who used to teach at various medical institutions in the departments of Microbiology and Pharmacology. Prior to the recent rules which have been brought out by the NMC provision of appointment of non-medical teachers at the said departments existed. However with the change from Indian Medical Council to National Medical Commission in 2020. New regulations with regard to the appointment of teachers have been released wherein this provision of appointment of non-medical teachers was completely abrogated leaving the petitioners rendered jobless despite other departments still having certain quotas for non-medical teachers. The Petitioners have submitted that the said abrogation has led to the violation of their fundamental rights enshrined under Art 14, 19(1) (g) and 21 of the Indian Constitution.
The Petitioners have approached the court under Art 226 and are being represented by Fiducia Legal Advocates and Solicitors which is being represented by Advocates Animesh Kumar, Nishant Kumar, Utkarsha Sharma, and Shweta Singh.
The Petitioners have challenged the said regulations issued by the NMC under two grounds. The First being that this blanket removal of quota for the appointment of non-medical teachers has been done only in the departments of Microbiology and Pharmacology whereas in other departments such quotas still exist. The Second ground being that the NMC extending the applicability of the 2020 regulations to the already existing colleges established before the academic session 2021 - 2022 for appointment of new teachers by way of publishing a list of FAQs.
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