The decision to remove three critical subjects—Respiratory Medicine, Emergency Medicine, Physical Medicine and Rehabilitation—from the MBBS curriculum has been challenged through a Public Interest Litigation (PIL) in the Nagpur Bench of the Bombay High Court. The petition challenges the move by the Undergraduate Medical Education Board (UGMEB), a body under the National Medical Commission (NMC).

The case was heard by Justices Nitin Sambre and Abhay Mantri, who have issued notices to the Union Ministry of Health, the NMC, and the UGMEB. In their order, the judges stated, "Prima facie, there appears to be substance in the contentions raised by the counsel for the petitioners. Issue notice for final disposal to the respondents, returnable on September 4, 2024."

Petitioners argue that removing these subjects compromises the quality of medical education in India, particularly in light of increasing respiratory illnesses and the need for emergency and rehabilitation services. They claim the UGMEB exceeded its authority by making such changes, which they argue contradict the established standards of the NMC.

The guidelines at the centre of the dispute were issued on August 1, 2023, outlining the revised MBBS curriculum, and further guidelines were released on August 16, 2023, related to the initiation of new medical courses. The petitioners contend that the UGMEB, established under the NMC Act of 2019, has overreached by excluding these essential subjects. They further argue that this action violates the NMC's regulations, which mandate the inclusion of 24 departments in medical colleges, including the ones in question.

The petitioners highlight the importance of the excluded subjects in addressing current health issues. Respiratory Medicine, they note, is vital given the ongoing impact of COVID-19 and rising respiratory diseases linked to pollution and lifestyle changes. They also emphasize the necessity of Emergency Medicine Physical Medicine and Rehabilitation for comprehensive healthcare delivery.

In addition to these substantive concerns, the petition raises procedural issues, arguing that the changes should have received parliamentary approval as required under Section 58 of the NMC Act 2019. The petitioners seek to overturn the UGMEB's guidelines and restore the subjects to the MBBS curriculum starting in 2024.

The PIL was filed by Dr. Rajesh Swarnkar, Treasurer of the Indian Chest Society, and Dr. Ganesh Joshi, a member of the Indian Association of Physical Medicine and Rehabilitation. Advocate Dr Tushar Mandlekar, supported by Advocate Tejas Fadnavis, represents the petitioners, while Advocate Nandesh Deshpande, Deputy Solicitor General of India, is representing the Union of India.