Ketan Desai is in news again. This time for the huge capitation fee sting
operation by the Times of India in two of the Tamil Nadu based Medical colleges.
Interestingly, it has been found that in addition to being the President of the
Medical Council of India, he was also in the board of both these disgraced
institutions.
Going in the past, we come to know that in May 2001, the Delhi high court had
asked the then MCI president Ketan Desai to step down on the ground that his
term as council member was already over and elections were approaching. Desai's
continuance in the office was challenged on the ground of holding two
memberships - one of the council and other of the University of Gujarat. As per
MCI rules, he can not continue as president while holding two positions. When it
could not get complied with for certain reasons, this head of the urology
department of the prestigious B J medical college, Ahmedabad was again removed
as the president on charges of corruption by the Delhi High Court in November
2001. This was generally welcomed by the medical community.
At that time, Dr Arun Bal, secretary of Forum for Medical Ethics, welcomed the
HC verdict and said it was long overdue. "Everybody knew he was corrupt, but no
doctors or doctors' associations came forward to demand that he step down. What
is worse is that the Indian Medical Association has made him their national
president despite the fact that he was under a cloud for a long time." He had
also asked the election procedure for MCI to be changed.
An Income tax raid on the residence of Dr Desai was also conducted in 2000 where
he had reported Rs five crore as undisclosed income and gifts of Rs 65 lakh. The
Delhi High Court in addition to removal had also directed the CBI to initiate
prosecution proceedings against him for his involvement in corrupt practices as
the division bench of Justice Arun Kumar and Justice R C Chopra had found Dr
Desai guilty of misusing his official position and observed that the apex body
for doctors was a den of corruption.
In another case, a division bench of the Uttaranchal High Court comprising Chief
Justice A A Desai and M C Jain had already passed an order restraining Dr Desai
from participating in the functioning of the MCI on a petition filed by Dr
Suresh Upadhyaya alleging that Dr Desai had accepted donations for affiliation
of medical colleges and recognising medical degrees as also in admitting and
passing medical students.
The Supreme Court had stayed further proceedings in the writ petition before the
Uttaranchal High Court on a petition filed by the Centre seeking transfer of the
proceedings from the Uttaranchal High Court to the Delhi High Court as a similar
petition was pending before the Delhi High Court and it would be appropriate
that both the petitions were hired and disposed off by the Delhi High Court to
avoid conflicting verdicts.
In a recent article titled "Is Ketan Desai king of capitation fee?" by the TOI
(8 Jun 2009) it says- "He has had a vice-like grip over the Medical Council of
India (MCI) for almost 20 years now."
There are an estimated 2,500 countrywide `management quota' seats available in
MBBS colleges,  where despite an explicit Supreme Court ban on capitation fee, a
rate on the upper side of Rs 20 lakh per seat is being sought making it a
staggering Rs 500 crore annually. This business is completely in the hands of Dr
Desai. The TOI Article shows the influence of Dr Desai through various examples
of how ministers and Prime ministers have been lying in queue to have a meeting
with him. After 2001, he controlled the MCI through his nominees till he
returned as chairman in March 2009, after winning a prolonged legal battle. The
Article shows how people like former state health minister Ashok Bhatt and
former Union health minister Anbumani Ramadoss tried to curtail and regulate his
and MCI's powers but failed miserably.

Dr Sunil K Pandya from Mumbai and. Dr Samiran Nundy of Delhi, who are waging a
long-battle for enforcement of medical ethics wrote an Article "Dr Ketan Desai
and the Medical Council of India: Lessons to be learnt" where they said- "As is
common knowledge, elections to our national and state-level medical councils are
fought with just one aim: to enrich oneself personally. Expenditure of huge
sums; a total lack of scruples; political connections; a compulsive desire to
grab power by any means, both fair and foul and finally, ruthless pursuit of the
goal of personal enrichment are absolute necessities." He estimated the expense
on the election of Presidentship to be around one crore rupee at that time,
which must have gone by many times now.
They had wished that- "The workings of these councils must be totally
transparent both to members of the medical profession and to the public at
large." and that- "Honest, dedicated and sincere doctors must be encouraged to
stand as candidates to these councils."
One hopes things actually start moving the way people like Dr Pandya and Dr Arun
wish. Till that time, it is the day of the Desai.

Dr Nutan Thakur
Editor,
Nutan Satta Pravah,
Lucknow

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