[The Vyapam scam is, by the way, not restricted to entrance exams for
the medical colleges.]

http://thewire.in/2015/07/12/vyapam-is-the-symptom-criminalisation-of-medical-education-is-the-disease/

Vyapam is the Symptom, Criminalisation of Medical Education is the Disease
BY RAMA BARU AND ARCHANA DIWATE ON 12/07/2015   • ( LEAVE A COMMENT )

What the country urgently needs is a through clean-up of all medical
education and regulatory bodies at the state and central levels

File photo from 2010 of former Medical Council of India president Ketan Desai
File photo from 2010 of former Medical Council of India president
Ketan Desai. Credit: PTI.
The Vyapam scam in Madhya Pradesh has exposed the underbelly of
medical education and its criminalisation in India. The brazenness
with which entrance exams and recruitments have been conducted was
only possible due to collusion of sections of all instruments of the
State – politicians, the judiciary and bureaucracy – with businessmen,
medical professionals and even journalists. Senior members of the
medical profession have been actively involved in this scam with
monetary exchange of an order that may never be known.

After a lengthy silence, the national media is now reporting
extensively on the scam and much of the debate has focused on the
misrule of the Bharatiya Janata Party government in the state. In our
view, however, Vyapam is not restricted to Madhya Pradesh. The scam is
pervasive and could well cover many other states ruled by other
political parties. Governments in other states are not above board in
matters relating to the recognition and licensing of medical colleges,
conducting entrance tests, and collecting capitation fees and bribes
for admission and award of degrees. The extensive corruption in
medical education represents both a political and an institutional
crisis.

The authority of the Medical Council of India, which is the apex
regulatory body for medical education, has been systematically
undermined due to the flouting of rules for monetary gain. The MCI and
the State Medical Councils play an important role in setting and
implementing guidelines for the curriculum, entrance exams, ethical
standards and practices of doctors. However, in practice, the MCI has
reneged on its responsibility to enforce standards. It has been widely
reported that an important reason for this failure was the deep-seated
corruption in the MCI over which Dr. Ketan Desai, former council
president, and members of the board presided.

One of us, Rama Baru, was a member of the Ethics Committee of the MCI
a few years ago and we are thus privy to information about
malpractices and CBI chargesheets against Ketan Desai and several
private medical colleges in south India.

In fact, our knowledge of corrupt practices in the MCI dates back to
2001 when Desai was charged with misuse of office and the Delhi High
Court ordered his removal from the post, opining that:

“The allegations of [the] petitioner against Dr. Ketan Desai regarding
minting money stands established. He has misused his position as
President of the MCI. He is using the office for making illegal
monetary gains for himself and his family members. Prima facie a case
for prosecution of Dr. Ketan Desai on charges of corruption under the
Prevention of Corruption Act is clearly made out”.
Despite this indictment he continued to remain in office.

 In 2009, Desai managed to get elected unopposed as MCI president. In
2010, the Central Bureau of Investigation charged him with accepting a
bribe of over Rs. 2 crore for granting recognition to a private
medical college in Punjab. Soon after his arrest, the CBI also raided
his home in Gujarat and filed additional charges for having
“disproportionate wealth” estimated at around Rs. 1,800 crores.
Subsequent to this, Desai’s medical registration was cancelled by the
MCI. This received media attention and there was pressure from civil
society that led to the dissolution of the MCI by the government. The
Centre then appointed a seven member committee to oversee the
functioning of MCI, as an interim arrangement before fresh elections
could be held.

It is during this period that the Ethics Committee heard several cases
of fraud in the recognition of private medical colleges and the
conduct of entrance exams in several states. The Ethics Committee had
recommended the de-recognition of these colleges and punishment for
the erring doctors. Many of these recommendations were ratified by the
Board of Governors but others were not acted upon due to the
dissolution of the interim Board.

A dodgy election

In October 2013, the Centre announced the constitution of the new MCI
with a representative body. However, even though Ketan Desai’s licence
has remained derecognised since 2010, he managed to nominate himself
from the Gujarat State Medical University. When questioned he said,
‘that the MCI has no jurisdiction or authority to suspend the
registration of any doctor registered with any state medical council’.
The elections were conducted on December 11, 2013 for the post of
president, vice president and executive/post graduate committee
members and the new MCI was constituted.

The way in which these elections were conducted amounted to
manipulation by a small mafia of doctors who had a hold over the MCI
and State Medical Councils. A writ petition filed by Dr. Kunal Saha,
President of an NGO called People For Better Treatment (PBT) pointed
out that all major officers of the council were elected unopposed.
These members were close associates of Desai. It is well known that a
day before the election, Desai hosted a party. Most of the nominated
members who were close to him attended the party. He printed a list of
members for the major posts and explained who will nominate who’s name
(“proposers”) and those who will support these nominations
(“seconders”) for the next day’s election. A formal complaint was made
by a newly elected member (Balbir S. Tomar) that the process of
election was a fraud. The Hindu reported that Tomar “had said that the
MCI lacked a formal and ethical structure for nominating its members.
The nomination procedure in the MCI got over in just 10 minutes
against the officially stipulated procedure that requires two days of
deliberations.”

It is relevant to note that Ketan Desai had the support of several
politicians cutting across all political parties, including the top
leadership of the Samajwadi Party, Congress Party and Bharatiya Janata
Party. As a result, when Keshav Desiraju, a distinguished and upright
IAS official who was he Union Health Secretary at the time, took the
view that the pending CBI charges against Desai made him ineligible
for contesting the MCI elections, he was transferred by the then
Congress-led UPA government.

It has also been reported that the Central Vigilance Officer, Harish
Kumar Jethi, who was appointed in 2013, requested repatriation to his
parent department, citing reasons of harassment and lack of
co-operation from the president and several officials of the MCI in
his efforts to deal with corruption. When Dr Harshvardhan was
appointed Union Health Minister by Narendra Modi in May 2014, he
showed some resolve in seeking to clean up the MCI but he was soon
dropped from the cabinet. While the ‘tobacco lobby’ was accused of
seeking the minister’s removal, it is entirely possible that the
‘medical mafia’ may have contributed to his ouster.

The Vyapam scam has opened a Pandora’s Box that the MCI has tried hard
to shut. While this scam, including the death of several people
connected with medical education, both private and government, should
be investigated on its own terms, it should encourage concerned
citizens, the medical profession and the government to undertake a
thorough review and reform of medical education and of its regulatory
bodies, both at the state and Central levels.

Rama Baru is a Professor at the Centre of Social Medicine and
Community Health, JNU
Archana Diwate is a Research Scholar at the Centre of Social Medicine
and Community Health, JNU

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Peace Is Doable

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