Delhi HC Orders NMC to Comply with 2017 RTI Ruling on Dr Ketan Desai
A dozen years have elapsed since an RTI application was filed seeking information about the former president of the Medical Council of India (MCI), and nearly a decade since the Central Information Commission (CIC) ruled that the information must be provided. Yet, the applicant is still waiting. The MCI filed an appeal against the CIC's 2017 order in the Delhi High Court, and after numerous hearings, the High Court has now ordered the National Medical Commission (NMC), which succeeded the MCI, to comply with the CIC's ruling.
The High Court has asked the NMC to supply the information sought regarding the medical registration status of Dr Ketan Desai and details related to a corruption complaint against him. The NMC replaced the disbanded MCI in September 2020 and, like its predecessor, opposed providing the information, arguing that the RTI applicant, Dr Kunal Saha, a patient rights activist, would have to apply afresh. However, the High Court held that this argument "cannot be accepted" and pointed out that the NMC had succeeded the MCI as explicitly stated in the NMC Act 2019.
Recent Hearing and Court Order
In the last hearing on April 29, 2026, the High Court ordered: "Prima facie, the Court finds that the nature of the information sought by the respondent(s) should be supplied and the same is necessary in order to maintain the transparency and fairness." The NMC's counsel sought time to make submissions, and the next hearing is scheduled for May 19.
Background of the RTI Application
The RTI application seeking information on Dr Desai was filed in October 2015 by the organization People for Better Treatment (PBT). It sought all documents, including the status of an October 2010 complaint against Dr Desai by Dr Saha, who is the president of PBT. After not receiving the information, Dr Saha approached the CIC. In January 2017, the CIC ruled in favor of Dr Saha and directed the MCI to furnish the status of the complaint, including the status of suspension of Dr Desai's medical registration. The CIC also directed that the minutes of the ethics committee meetings, agenda of meetings, and other documents sought by Dr Saha should be made available for file inspection. The commission noted that the MCI had agreed to provide information about payments made to individual lawyers annually since 2010. All information was to be made available within three weeks of the order.
Timeline of Delays
- October 2015: RTI application filed.
- January 2017: CIC orders MCI to supply information; MCI appeals in Delhi High Court.
- February 22, 2017: Interim stay on CIC order (Justice Sanjeev Sachdev).
- August 2, 2017: High Court orders listing on August 25, 2017 (Justice Vibhu Bakhru).
- August 25, 2017: No time left for hearing.
- September 1, 2017: Dr Saha's application for video conferencing dismissed as not feasible.
- April 20, 2018: Counsel for Dr Saha seeks three weeks to file counter affidavit (Justice Rajiv Shakdher).
- November 19, 2018: Last opportunity for Dr Saha to file counter affidavit (Justice Suresh Kumar Kait).
- March 13, 2019: Adjournment slip (Justice V Kameswar Rao).
- August 19, 2019: Too late to take up.
- March 5, 2020: Adjournment slip (Justice Jayant Nath).
- March 22, 2022: Matter not heard due to paucity of time (Justice Yashwant Varma).
- September 19, 2022: NMC counsel seeks time to transpose NMC as party petitioner.
- January 25, 2023: Matter to be listed before another bench (Justice Pratibha M Singh).
- February 17, 2023: New single bench (Justice Mini Pushkarna).
- April 6, 2023: Judge on leave.
- July 21, 2023: NMC files application seeking substitution as petitioner (Justice Subramonium Prasad).
- October 12, 2023: Pass-over sought; too late to take up.
- February 21, 2024: Too late to take up.
- July 10, 2024: Too late to take up (Justice Sanjeev Narula).
- October 24, 2024: Admitted; list in due course.
- January 5, 2026: NMC counsel requests to place submissions on record (Justice Purushaindra Kumar Kaurav).
- February 23, 2026: Matter listed for April 29, 2026.
- April 29, 2026: NMC ordered to supply information.
