12 years, 12 judges, 2 favourable orders, RTI applicant yet to get info

A dozen years have elapsed since an RTI application was filed seeking information on the former president of the Medical Council of India and nearly a decade since the Central Information Commission ruled that it must be provided. Yet, the applicant is still waiting for the information. The MCI filed an appeal against the CIC’s 2017 order in the Delhi High Court and after a dozen Justices have heard the case, the HC has ordered the National Medical Commission — which succeeded the MCI – to comply with the CIC’s ruling.

The HC has asked the NMC to supply the information sought on the status of medical registration 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 it opposed giving the information. It argued that the RTI applicant Dr Kunal Saha, a patient rights activist, would have to apply afresh. However, the HC held that this “cannot be accepted” and pointed out that NMC had succeeded the MCI as explicitly stated in the NMC Act 2019.

In the last hearing on April 29, 2026 the HC 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.” NMC’s counsel sought time to make his submissions. The next hearing is on May 19.

The RTI application seeking information on Dr Desai had been filed in October 2015 by the organisation People for Better Treatment (PBT) seeking all documents including the status of an October 2010 complaint against Dr Desai by Dr Saha, president of PBT. On not receiving the information sought, Dr Saha approached the CIC. After hearing both the parties, in January 2017, the CIC ruled in favour of Dr Saha and directed the MCI to furnish the status of the complaint including the status of suspension of the medical registration of Dr Desai. The commission also directed that the minutes of the ethics committee meetings, agenda of meetings etc sought by Dr Saha should be made available for file inspection. The commission noted that the MCI had agreed to furnish information about the payments made to individual lawyers annually since 2010. All the information was to be made available within three weeks of the order.

The long wait

Oct 2015 – RTI application filed

January 2017 – CIC orders MCI to supply the information sought, MCI appeals in Delhi HC

Feb 22, 2017- Interim stay on CIC order (Justice Sanjeev Sachdev)

Aug 2, 2017- HC orders listing on Aug 25, 2017 (Justice Vibhu Bakhru)

Aug 25, 2017- No time left

Sep 1, 2017- Dr Saha files application to be present by video conferencing. Not feasible, application dismissed

Apr 20, 2018- Counsel for Dr Saha seeks further three weeks to file the counter affidavit, rejoinder to that to be filed before next date of hearing (Justice Rajiv Shakdher)

Nov 19, 2018- Last opportunity to Dr Saha to file counter affidavit within two weeks and rejoinder to that to be filed within the two weeks after that (Justice Suresh Kumar Kait)

Mar 13, 2019 - Adjournment slip (Justice V Kameswar Rao)

Aug 19, 2019- too late to take it up

Mar 5, 2020- adjournment slip filed (Justice Jayant Nath)

Mar 22, 2022-due to paucity of time matter not heard (Justice Yashwant Varma)

Sep 19, 2022-NMC counsel sought time to transpose NMC as party petitioner and to obtain instructions

Jan 25, 2023- subject to chief justice’s order, matter to be listed before another bench (Justice Pratibha M Singh)

Feb 17, 2023- new single bench (Justice Mini Pushkarna)

Apr 6, 2023- judge on leave

Jul 21, 2023- NMC files application seeking substitution as petitioner as Indian Medical Council Act, 1956 has been repealed. Saha and PBT seek a last opportunity to file reply within two weeks. Rejoinder to reply to be filed within a week after that. (Justice Subramonium Prasad)

Oct 12, 2023- Pass-over sought in first round, too late to take it up in the second round

Feb 21, 2024- Too late to take it up

Jul 10, 2024- too late to take it up (Justice Sanjeev Narula)

Oct 24, 2024- Admitted, List in due course.

Jan 5, 2026- NMC counsel requests to place on record submissions and relevant decisions as to why the information directed cannot be supplied (Justice Purushaindra Kumar Kaurav)

Feb 23, 2026- matter listed for Apr 29, 2026

Apr 29, 2026 – NMC ordered to supply information to PBT