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

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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

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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.

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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.

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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

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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

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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).

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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

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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;

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(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.

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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.

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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)

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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

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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.

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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

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