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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT:Ahmedabad
SPECIAL CIVIL APPLICATION NO. OF 2010
In the matter of Public Interest Litigation
And
In the matter of Article 14 and 226 of the Constitution of India
And
In the matter of Gujarat University Act, 1949
AndIn the matter between
PEOPLE FOR BETTER TREATMENT (PBT),
A REGISTERED, CHARITABLE SOCIETY WITH ITS HEAD
OFFICE AT 2A RAKHALL MUKHERJEE ROAD,
BHAWANIPORE, KOLKATA 700025
THROUGH ITS PRESIDENT
DR. KUNAL SAHA,
RESIDING AT 3937 KUL CIRCLE SOUTH,HILLIARD, COLUMBUS, OHIO-43026, USA.AND ALSO AT FLAT E-1, SUBOL APPARTMENT,
1ST FLOOR, 7 NILGUNG ROAD,
P.O.BELGHARIA,
KOLKATA-700056 …PETITIONER
1
VERSUS
1. DR. KETAN DESAI
RESIDING AT “AASHIRVAS”
7 FRIENDS AVENUE
OPPOSITE PAKWAN CROSS ROAD
BODAKDEV, AHMEDABAD 3800059
2. VICE-CHANCELLOR
GUJARAT UNIVERSITY
NAVARANGPURA,
AHMEDABAD 380009
3. PRINCIPAL SECRETARY
CHIEF MINISTER’S OFFICE
GUJARAT GOVERNMENT
NEW SACHIVALAYA, GANDHINAGAR
4. THE STATE OF GUJARAT
NOTICE TO BE SERVED THROUGH
THE SECRETARY/DY. SECRETARY,
HEALTH & MEDICINE DEPT.
SACHIVALAYA, GANDHINAGAR. …RESPONDENTS
A WRIT PETITION IN PUBLIC INTEREST UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING INTERVENTION FROM THIS
2
HON’BLE COURT FOR PROTECTION OF HEALTH OF ORDINARY PEOPLE AND TO PREVENT PUBLIC DISTRUST IN OUR HEALTHCARE SYSTEM BY DECLARING THE ELECTION OF A CRIMINALLY-INDICTED AND UNQUALIFIED MEDICAL MAN, RESPONDENT NO. 1, IN THE GUJARAT UNIVERSITY SENATE IN A SEAT FOR THE REGISTERED MEDICAL GRADUATES EVEN THOUGH HIS MEDICAL REGISTRATION WAS CANCELLED/SUSPENDED BY THE MEDICAL COUNCIL OF INDIA (MCI) WHEN HE RAN FOR THE ELECTION TO BE UNLAWFUL.
To,The Hon’ble The Chief Justice &Other Hon’ble Judges of the HighCourt of Gujarat At Ahmedabad.
The Humble Petition of the petitioner above named:-
MOST RESPECTFULLY SHEWETH THAT:-
1. The petitioner, “People for Better Treatment” (PBT), is a
registered, non-government organization (NGO) which is
primarily involved with humanitarian activities for prevention of
corruption and promotion of better healthcare in India. The PBT
has already made significant contributions in
3
bringing positive changes in the flawed healthcare regulatory
system by bringing transparency in the process of investigation
of complaints against delinquent doctors through the enactment
of new provisions (Sections 8.7 and 8.8) in the Medical Council
of India (MCI) “Code of Ethics and Regulations” through a
historic PIL in the Hon’ble Supreme Court (vide SC Writ Petition
Civil No. 317/2000; Malay Ganguly vs. MCI & Ors.). Another
PIL brought by the PBT to stop “doctors’ strike” is still pending
before the Hon’ble Apex Court in which the court has already
issued notices to the MCI and others medical organizations (vide
SC Writ Petition Civil No. 316/2006; People for Better
Treatment vs. MCI & Ors.).
2. The Petitioner is filing the instant Writ Petition in public interest
under Article 226 of the Constitution of India seeking urgent
intervention of this Hon’ble Court to stop a grave travesty that
has surreptitiously promoted an unqualified medical man to a
powerful position in the Gujarat University Senate. This great
charade within the Gujarat University has also created a profound
public distrust in the healthcare delivery system. This travesty
involves “uncontested” election of the Respondent no. 1, Dr.
Ketan Desai, to the Gujarat University Senate as a candidate for a
4
seat from the registered medical graduates in the most illegal and
arbitrary manner. It is stated that as would be explained herein
below, Dr. Desai was NOT a registered doctor when he got
elected to the university Senate on November 28, 2010 as a
representative of the registered medical graduates as stipulated
under the Rules (Section 16) of the Gujarat University Senate.
Moreover, Dr. Desai was also facing serious criminal charges for
“bribery” (RC No. 2(A)/2010/CBI/ACU IX) and
“disproportionate assets” (RC No. 3(A)/2010/CBI/ACU IX)
before the Central Bureau of Investigation (CBI) court in New
Delhi when he was elected unopposed to the Gujarat University
Senate. Dr. Desai is presently out on bail awaiting a criminal
trial facing serious charges from the CBI. The sordid episode of
this brazen election of Dr. Desai to the Gujarat University Senate
was widely publicized by the media in Gujarat and across India.
Copies of news items pertaining to the same are annexed
herewith and marked as “Annexure-A” colly. to the present
petition.
3. It is most humbly and respectfully stated that that Dr. Desai is a
well-known figure both in the Indian medical community and
public at large and Dr. desai has got a checkered history. Dr.
5
Desai had been the president of the Medical Council of India
(MCI) as well as the Gujarat Medical Council (GMC) until
recently. While holding the office of the president of the MCI,
Dr. Desai was caught red-handed by the CBI on April 23, 2010
while taking a bribe of Rs. 2 crore from a private medical college
allegedly in exchange for granting MCI recognition for MBBS
course. Following his arrest for bribery, the CBI also filed
additional charges against Dr. Desai for “disproportionate
assets”. Dr. Desai was kept in judicial custody until October,
2010 when he was released on bail. In fact, Dr. Desai has a long
history of corruption and abuse of official power and he has
brought great ignominy for doctors of Indian origin across the
globe. Back in 2001, when Dr. Desai was the president of the
MCI, he was found guilty for “corruption” by the Hon’ble Delhi
High Court as he was directed to be removed from the post of the
MCI president with scathing observations by the court (L.P.A.
Nos. 299 & 301/2001; Dr. Ketan Desai vs. Harish Bhalla &
Ors.). But Dr. Desai was able to make a remarkable comeback
using his sinister influences at various levels of the healthcare
system as he was re-elected “unopposed” to become the MCI
president on March 1, 2009.
6
4. It is further most respectfully stated that as indicated above, Dr.
Desai was caught red-handed by the CBI on April 23, 2010.
Under an enormous public outcry, the entire MCI was dissolved
by the government following Dr. Desai’s arrest. All doctor-
members who re-elected Dr. Desai “unopposed” as the MCI
president were also removed through an emergency “Ordinance
2010” passed by the Hon’ble President of India. A new six-
member “Board of Governors” was appointed to run the function
of the MCI . A copy of the said ordinance is annexed herewith
and marked as “Annexure-B” to the present petition. Copy of
the reports of Dr. Desai’s arrest and medical corruption made
major news across India and the same is annexed herewith and
marked as “Annexure-C” to the present petition.
5. It is further most humbly and respectfully stated that as a premier
humanitarian organization involved with fighting against
corruption and medical negligence in India, the Petitioner
(through its president Dr. Kunal Saha, an internationally known
HIV/AIDS specialist) lodged a complaint with the Gujarat
Medical Council (GMC) seeking exemplary disciplinary action
against Dr. Desai for professional misconduct and criminal
violations. Unfortunately, the GMC (where Dr. Desai remained
7
as the Council president even after his arrest by the CBI) simply
ignored Petitioner’s complaint and did not take any steps against
Dr. Desai. The Petitioner then filed an appeal/complaint before
the MCI under the provisions in the “Code of Ethics and
Regulations”. It is most respectfully stated that On October 9,
2010, the MCI “Board of Governors” decided to suspend the
medical registration of Dr. Ketan Desai and barred him from
practicing medicine or to act as a registered medical doctor
anywhere. A copy of the MCI Order dated 9th October 2010 is
annexed herewith and marked as “Annexure- D” to the present
petition. The relevant portion of the said MCI Order reads:
“…..in view of the grave and serious allegations
against you having prima facie merit in the same,
permission granted to you to practice medicine be
suspended during pendency of the appeal/complaint
with the Board of Governors in Supersession of
Medical Council of India which would necessarily
mean and include that you are debarred from
practicing medicine and participating as a doctor in
a medical conference anywhere and representing
8
doctors in any medical council, conference and
association etc.”
6. That the Petitioner most humbly states that the petitioner
became aware from media reports that while free on bail, Dr.
Desai was to contest in the Gujarat University election and that
he was likely to be elected “unopposed” in the Gujarat University
Senate as a member of the registered medical graduates
(Annexure- A). It is stated that Dr. Desai obviously had no
moral or legal rights at this stage to run for a vital post in the
Senate for a seat which is exclusively reserved for candidates
who are registered medical graduates. Obviously, Dr. Desai
cannot be considered as a “registered medical graduate” from
October 9, 2010 when his medical registration was
suspended/cancelled by the MCI (Annexure- D), the highest
authority for regulation of medical education in India. It is also
pertinent to mention in this regard that Dr. Desai was elected in
the Senate after the only other nominee for the post, one Dr. H.P.
Bhalodiya, a well-known lackey and long-term supporter of Dr.
Desai, withdrew his nomination to allow the post for Dr. Desai
“uncontested” (Annexure- A).
9
7. The Petitioner further most humbly and respectfully states that
the petitioner immediately wrote to the Gujarat University Vice-
chancellor (Respondent no. 2) requesting him to take immediate
steps to prevent Dr. Desai from running in the election for the
university Senate because he was not a “registered” medical
graduate at this point and also in view of his checkered history.
A copy of the said letter/communication dated 18th November,
2010 is annexed herewith and marked as “Annexure-E” to the
present petition. The Petitioner also requested the Gujarat Health
Ministry and wrote to the Gujarat Chief Minister on November
20, 2010 seeking his immediate intervention in this matter to stop
the outrageous election of Dr. Desai to the university Senate. A
copy of the said letter/communication is annexed herewith and
marked as “Annexure-F” to the present petition. Having
received no response either from the Vice-chancellor or the state
government, the Petitioner also approached Her Excellency, the
Governor of Gujarat, who is also the Chancellor of the Gujarat
University, urging her to step in and to stop this atrocity of
election of a criminally indicted doctor in the university Senate
for a seat reserved for registered medical graduates despite his
registration already revoked by the MCI. A copy of the
letter/communication dated 23/11/2010 addressed to Her
10
Excellency, The governor of Gujarat is annexed herewith and
marked as “Annexure-G” to the present petition. Unfortunately,
none of the authorities responded to the Petitioner’s appeals as
Dr. Desai was officially elected “uncontested” as a member of
the Gujarat University Senate on November 28, 2010.
8. The Petitioner also wrote to the MCI about the blatant election of
Dr. Desai to the Gujarat University Senate as a registered medical
graduate despite the fact that the MCI had already suspended his
medical registration. In fact, it is noteworthy that in addition to
suspension of Dr. Desai’s registration, the MCI also issued
unequivocal directions that Dr. Desai cannot represent himself
anywhere as a registered medical graduate (Annexure-D) . The
MCI also expressed serious concerns about the evolving situation
with Dr. Desai’s election to the Senate. The MCI directly wrote
to the Gujarat University Vice-chancellor (Respondent no. 2)
bringing to his attention that Dr. Desai’s registration was already
suspended by the MCI due to “grave and serious allegations”
and that Dr. Desai may not practice medicine or represent himself
anywhere as a registered doctor. In fact, the MCI also urged the
Vice-chancellor (Respondent no 2) to take immediate and
necessary actions since Dr. Desai’s election to the university
11
Senate would essentially violate the MCI order of October 9,
2010. A copy of the said letter dated November 23, 2010 from
the MCI sent to the Respondent no. 2 is annexed herewith and
marked as “Annexure-H” to the present petition. Unfortunately,
despite a direct request from the highest medical regulatory
authority in India that appointment of Dr. Desai to the university
Senate would amount to violation of the MCI Order dated
October 9, 2010, the Vice-chancellor (Respondent no. 2)
remained motionless as Dr. Desai was elected “uncontested” to
the Senate and therefore the petitioner begs to prefer the present
petition on the following amongst other grounds, which are set
out without prejudice to each other as under”-
GROUNDS
(A) It is most humbly and respectfully submitted that failing to
prevent a de-registered medico, Dr. Ketan Desai, to the
Gujarat University Senate for a post reserved only for the
registered medical graduates, both the Respondent no. 2 and 3
& 4 have failed to uphold the fundamental principles and
dignity of the Senate and the respondents have failed in
discharging their duties and therefore appropriate writ, order
12
or directions are required to be issued to the respondent nos.2,
3 & 4 in the interest of justice.
(B)It is most humbly and respectfully submitted that section 16
of the Gujarat University Act, 1949, particularly the portion
of the section specifying the election of ordinary members is
reproduced hereinbelow:-
“
CLASS II – Ordinary Members
(A) Elected as specified below:-
(i) Two members by the Gujarat Legislative
Assembly from amongst, its members;
(ii) One member by each of the following bodies
from amongst its members, namely:-
(a) The Municipal Corporation of the City of
Ahmedabad.
(b)The Chamber of Commerce, Ahmedabad.
(c) The registered Trade Unions in the University
area in the manner specified in the Statutes.
(iii) One member by Head Masters of Secondary
schools wihin the University area from amongst
themselves in the manner specified in the
Statutes;
13
(iv) One member by secondary teachers of high
schools excluding head masters thereof within
the University area from amongst themselves in
the manner specified in the statutes;
(v) One member each elected faculty wise by
registered graduates in each of the faculties from-
amongst themselves in the manner specified in
the statutes
Provided that the number of such members shall
not exceed ten and if the number of faculties
exceeds ten, the faculties shall be suitably
grouped in ten groups in the manner specified in
the statutes for the purpose of electing ten such
members”.
It is most humbly and respectfully stated and submitted that
vide its order dated 9th October, 2010, Medical Council of
India has suspended the permission granted to the respondent
no.1 during the pendency of appeal/complaint with the Board
of Governors in Supersession of Medical Council of India and
has made it explicitly clear in that very order that suspension
would necessarily mean and include that respondent no.1 was
14
debarred from practicing medicine and participating as a
doctor in a medical conference anywhere and representing
doctors in any medical council, conference and association
etc. It is submitted that in view of this, it is clear that the
election of respondent no.1 has resulted in violation of s.16 of
the Gujarat University Act, 1949 and also in violation of the
provisions of the Medical Council of India Act, 1956 in view
of the order of the Medical Council of India(Annexure-D).
(C)It is further most humbly and respectfully submitted that the
Respondent nos. 2 and 3 have also trampled over the basic
sanctity of the university laws by letting a scandalous and
criminally indicted person like Dr. Desai to become a member
of the Senate. The Section 46(1) of the “Gujarat University
Act” has clearly suggested that the Vice-chancellor
(Respondent no. 2) should remove any person from the
university who has been involved with “scandalous conduct”.
It is undisputed that Dr. Desai is guilty for “scandalous
conduct” as a result of his arrest by the CBI for taking bribes
and for having “disproportionate assets”. Even the B.J.
Medical College removed Dr. Desai from their faculty
following his arrest by the CBI. Unfortunately, it appears that
15
the Respondent no. 2, 3 & 4 have simply decided to pay no
attention to the widely-publicized and well-documented
scandalous incidences with which Dr. Desai has been
involved with as they let him get to the university Senate
through a botched up election as described before and
therefore also appropriate writ, order or directions are
required to be issued in the interest of justice.
(D)It is further most humbly and respectfully submitted that the
sordid saga of Dr. Ketan Desai is highly publicized in India
for a very long time ever since he was removed on charges of
corruption by the Delhi High Court in 2001. Obviously,
election of Dr. Desai to the Gujarat Senate last month to a
seat for a representative of the registered medical graduates
has also brought a great deal of despair and frustration for the
ordinary people as well as the honest and conscientious
members of the medical community in India. As discussed
above, the Petitioner was instrumental for having Dr. Desai’s
license revoked by the MCI on charges of gross professional
misconduct. Suspension of Dr. Desai’s medical registration
by the MCI also brought a glimmer of hope for the hapless
patients of India. The Petitioner is deeply aggrieved with the
reckless disregard of the medical laws by the Respondent no.
16
2, 3 & 4 that resulted in the eventual election of Dr. Desai to
the university Senate as a “registered medical graduate”. The
irresponsible and sinister manner in which Dr. Desai became
a member in the Gujarat University Senate has also sent a
distressing signal for the ordinary citizens who have been
paying a heavy price for the wide-spread corruption and
pitiful status of healthcare in India today. Until his arrest by
the CBI last April, Dr. Desai, ex-head of the MCI as well as
the Indian Medical Association (IMA), played a major role
for the substandard medical education and unabated growth of
corruption in the healthcare system across India.
The shocking election of Dr. Desai to the Gujarat University
Senate is likely to cause a long-lasting harmful effect on
healthcare in India. Article 21 of the Indian Constitution
provides guarantee for protection of life for every citizen. On
numerous occasions in the past, the Supreme Court has held
unequivocally that right to health is a part of fundamental
right to life (AIR 1989 SC 2039; 1996 (4) SCC 37). The
wrongful election of Dr. Desai to the Gujarat University
Senate as a member of the registered medical doctors can
undermine the status of the healthcare system in India in
candid violation of the right to life guaranteed under the
17
Article 21 and therefore also appropriate writ, order or
direction is required to be issued in the interest of justice.
(E) It is further most humbly and respectfully submitted that That
under Article 47 of the Constitution it is the primary duty of
the State to secure health and medical care to all the citizens
and in view of the provisions of article 47 of the Constitution
of India, state must take all legislative and administrative
steps to secure right to health to all its citizens. It is submitted
that although the directive principles are not justiciable, the
state cannot act in contravention of the same and the wrongful
election of respondent no.1 to the Gujarat University Senate
as a member of the registered medical doctors can undermine
the status of the healthcare system in India and the respondent
authorities have, by manifesting a callous attitude to the
legitimate grievances of the petitioner, acted in violation of
the constitutional provision and therefore also appropriate
writ, order or directions are required to be issued in the
interest of justice.
(F) It is further most humbly and respectfully submitted that “the
court” or “Senate” is an authority empowered to exercise
wide powers as have been prescribed under section 17 of the
18
Gujarat University Act, 1949 including the power to decide
the policy matters of the University and the wrongful election
of the respondent no.1, who is having a checkered history and
who is suspended from practicing in the field of medicine by
the Medical Council of India, is not in conformity with the
very purpose of “The Gujarat University Act, 1949” and
section 17 of the said act and therefore also appropriate writ,
order or directions are required to be issued in the interest of
justice.
(G)It is further most humbly and respectfully submitted that the
respondent no.1 has been elected to the Gujarat University
Senate in the most extraordinary and exceptional manner by
blatant breach of the fundamental principles and basic laws
for the university election. Although ordinarily a court would
desist from interfering in an election matter in view of any
remedies available in the government administrative divisions
for settling disputes related to university elections, the court
must intervene when allegations of exceptional nature is
involved with the election of a Senate candidate. This point
has been reiterated in many judgments by the Supreme Court
and High Courts (AIR 2004 SC 3600). The blatant manner in
which Dr. Desai was promoted to the Senate is undoubtedly
19
an extraordinary and exceptional situation for election of a
medical man without any valid medical registration where
this Hon’ble Court must intervene for the ends of justice. It is
further most humbly and respectfully submitted that in the
facts and circumstances of the present case the election does
constitute an exceptionally sordid saga and despite the fact
that the petitioner has left no door un-knocked to get a
remedy to the situation, the respondent authorities have
manifested total inaction and exhibited a callous attitude in
redressing the grievances of the petitioner based on the
foundation of the factual as well as legal issues raised by the
petitioner and have allowed the respondent no.1 to get elected
as a member of the Senate of Gujarat University and therefore
the petitioner has got no other remedy but to approach this
Hon’ble court.
(H)The petitioner craves leave to add, alter, amend or rescind any
of the forgoing grounds.
9. The Petitioner seeks liberty from this Hon’ble Court to produce
other documents and records as and when required in the course
of the proceedings.
10.The petitioner states that he has no other alternative, efficacious
remedy except by way of filing of the present petition.
20
11.The petitioner states that he has not preferred any other petition
in the subject matter of this petition before this Hon’ble court or
before any other court including the Hon’ble Supreme Court of
India.
12.The petitioner therefore prays that:-
(A)Your lordships be pleased to issue a writ of mandamus or any
other appropriate writ, order or direction directing the
respondent nos. 3 and 4 to hold and declare that the
respondent no.2-vice Chancellor, Gujarat University had no
authority in law to declare respondent no.1 as an elected
member to the Senate of Gujarat University and further be
pleased to issue appropriate writ, order or direction directing
and holding that respondent no.2-vice chancellor had no
authority in law to even accept the form for candidature of the
respondent no.1 for the membership of Senate of Gujarat
University in the interest of justice.
(B)Your lordships be pleased to issue a Writ in the nature of
Mandamus or any other appropriate writ, order or direction
directing the respondent no.2 to declare that the respondent
no.1 has been illegally and arbitrarily and un-authorizedly
declared to be elected to the Senate of the Gujarat University
and further be pleased to pass an appropriate writ, order or
21
direction directing the respondent no.2 not to hand over the
charge on the basis that he is an uncontested elected member
to the Senate of Gujarat university and he be restrained from
acting and functioning as such in the interest of justice.
(C)Your lordships be pleased to issue appropriate writ, order or
direction directing the respondent no.2. to hold a fresh
election in consonance with law.
(D)During the pendency of this petition, Your lordships be
pleased to issue appropriate writ, order or direction directing
the respondent no.2 not to hand over the charge to the
respondent no.1. on the basis that respondent no.1 is an
uncontested elected member to the Senate of Gujarat
university and he be restrained from acting and functioning
as such in the interest of justice.
(E)Your lordships be pleased to grant any other and further
reliefs as may be deemed fit and proper in the interest of
justice.
And for this act of your kindness, this humble petitioner as in duty
bound shall ever pray.
Ahmedabad Ravish BhattDated: December - , 2010 (Advocate for the Petitioner)
22
AFFIDAVIT
I, Dr. Kunal Saha , President, PBT, do hereby solemnly affirm
and state on oath that what is stated hereinabove in paras 1 to 7, a
part of which has been gathered by me from news items, is true
to the best of my knowledge, information and belief and I believe
the same to be true and correct. Contents of para 8 are legal
submissions and para 9, 10 and 11 are formal paras and para 12
contains prayer clause.
Solemnly affirmed on this ___ day of December, 2010 at
Hilliard, Ohio, USA.
_____________________
Deponent
Identified And Duly Notarized by:
_____________________
Notary
23
STATENEBT OF FACTS
The petitioner, “People for Better Treatment” (PBT), is a
registered, non-government organization (NGO) which is
primarily involved with humanitarian activities for prevention of
corruption and promotion of better healthcare in India.
The Petitioner is filing the instant Writ Petition in public interest
under Article 226 of the Constitution of India seeking urgent
intervention of this Hon’ble Court to stop a grave travesty that
has surreptitiously promoted an unqualified medical man to a
powerful position in the Gujarat University Senate. This great
charade within the Gujarat University has also created a profound
public distrust in the healthcare delivery system. This travesty
involves “uncontested” election of the Respondent no. 1, Dr.
Ketan Desai, to the Gujarat University Senate as a candidate for a
seat from the registered medical graduates in the most illegal and
arbitrary manner. It is stated that as would be explained herein
below, Dr. Desai was NOT a registered doctor when he got
elected to the university Senate on November 28, 2010 as a
representative of the registered medical graduates as stipulated
24
under the Rules (Section 16) of the Gujarat University Senate.
Moreover, Dr. Desai was also facing serious criminal charges for
“bribery” (RC No. 2(A)/2010/CBI/ACU IX) and
“disproportionate assets” (RC No. 3(A)/2010/CBI/ACU IX)
before the Central Bureau of Investigation (CBI) court in New
Delhi when he was elected unopposed to the Gujarat University
Senate.
The Petitioner became aware from media reports that while free
on bail, Dr. Desai was to contest in the Gujarat University
election and that he was likely to be elected “unopposed” in the
Gujarat University Senate as a member of the registered medical
graduates . It is stated that Dr. Desai obviously had no moral or
legal rights at this stage to run for a vital post in the Senate for a
seat which is exclusively reserved for candidates who are
registered medical graduates. Obviously, Dr. Desai cannot be
considered as a “registered medical graduate” from October 9,
2010 when his medical registration was suspended/cancelled by
the MCI (Annexure- D), the highest authority for regulation of
medical education in India.
25
The Petitioner further most humbly and respectfully states that
the petitioner immediately wrote to the Gujarat University Vice-
chancellor (Respondent no. 2) requesting him to take immediate
steps to prevent Dr. Desai from running in the election for the
university Senate because he was not a “registered” medical
graduate at this point and also in view of his checkered history.
The Petitioner also requested the Gujarat Health Ministry and
wrote to the Gujarat Chief Minister on November 20, 2010
seeking his immediate intervention in this matter to stop the
outrageous election of Dr. Desai to the university Senate. Having
received no response either from the Vice-chancellor or the state
government, the Petitioner also approached Her Excellency, the
Governor of Gujarat, who is also the Chancellor of the Gujarat
University, urging her to step in and to stop this atrocity of
election of a criminally indicted doctor in the university Senate
for a seat reserved for registered medical graduates despite his
registration already revoked by the MCI.
Unfortunately, none of the authorities responded to the
Petitioner’s appeals as Dr. Desai was officially elected
“uncontested” as a member of the Gujarat University Senate on
November 28, 2010.
Hence the present petition.
26
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT:Ahmedabad
SPECIAL CIVIL APPLICATION NO. OF 2010
PEOPLE FOR BETTER TREATMENT (PBT) …PETITIONER
VERSUS DR. KETAN DESAI & OTHERS …RESPONDENTS
I N D E X
Sr. No. Particulars Annex. Pg.
1. Memo of Petition 1-32
2. Copies of News items dated 17th November And 20th November, 2010 A colly.
3. Copy of the ordinance dated 15/05/2010 B
4. Copy of news item dated 24/04/2010 C
5. Copy of order of Medical Council of India Dated 9th October, 2010 D
6. Copy of letter/communication to the Vice-chancellor, Gujarat University E
7. Copy of the letter/communication addressed To the Hon’ble the Chief Minister F
8. Copy of the letter/communication addressed To Her Excellency, the Governor of Gujarat G
9. Copy of the letter/communication from Medical Council of India addressed to the Vice-chancellor of the University of Gujarat H
_________________________________________________________
Ahmedabad. Ravish Bhatt
Date: /12/2010 Advocate for the petitioner
27