PBT has filed a new special leave petition (SLP) in the Supreme Court on December 12, 2012 (SC Diary no. 41256) against the Chancellor of Gujarat University (who is also Governor of Gujarat) and disgraced ex-MCI president, Dr. Ketan Desai, for blatant election of Dr. Desai to the Gujarat Univ. Senate as the sole representative of the doctors in Gujarat even after his medical registration was cancelled by the MCI in October, 2010 following his arrest by the CBI in April, 2010.
On February 10, 2012, Supreme Court granted PBT “liberty” to approach the Gujarat University (GU) to seek appropriate remedy as Dr. Desai was ineligible to run for election in the GU Senate on medical quota since his registration was already cancelled and also because he was involved with infamous conduct as he was caught red-handed by the CBI for taking bribe and charged with criminal offense. But the GU Chancellor refused to conduct any investigation of the complaint filed by PBT or take appropriate steps to remove Dr. Desai from GU Senate. PBT then moved the Gujarat High Court earlier this year with a writ petition (PIL) seeking direction to the GU Chancellor to investigate the complaint against Dr. Desai. Unfortunately, Gujarat High Court dismissed said PIL. Ironically, High Court granted permission to move the same case in “personal capacity” of Dr. Kunal Saha, who merely filed the PIL on behalf of the organization as the president of PBT. Obviously, this matter involves a greater “public interest” and it has nothing to do with Dr. Saha’s “personal” interest against Dr. Desai or anyone else. Thus, the new SLP has been filed in the Apex Court challenging the overt flaws in the judgment passed by the Gujarat High Court and seeking direction so that Dr. Desai can be removed from the GU Senate.
Election of Dr. Desai to the GU Senate is likely to have far-reaching consequences on healthcare regulation in India. According to the provisions of the Indian Medical Council Act, 1956, medical members of university senate including Dr. Desai who is now a member of GU Senate would automatically be a nominated as a member of the MCI when the central medical council is re-established soon. Thus, Dr. Desai has already paved his way to regain control of the MCI even after being removed from the MCI on two separate occasions on heinous charges involving corruption and bribery. The new SLP in the Supreme Court is the only hope to stop this unthinkable atrocity which is brewing in Indian medical field and which would undoubtedly cause further deterioration of the abysmal standard of medical education and healthcare system in India.