THE Allahabad High Court has directed the Medical Council of India (MCI) and the CBI to file counter-affidavits within four weeks in connection with a PIL seeking restoration of an elected MCI. The matter has been listed for November 11 for further hearing.
Currently,the MCI is being run by a board of governors (BoG),which was constituted by the Centre following the arrest of the then chairman of the council,Ketan Desai,in April 2010 on charges of accepting Rs 2 crore as a bribe from a medical college for allowing it to add more seats without completing the norms.
A division bench of Acting Chief Justice Laxmi Kanta Mohapatra and Justice Pradeep Kumar Singh Baghel passed the order Monday after hearing the PIL,filed by Allahabad-based Dr Anil Kumar Singh,and other respondents.
Respondents No 2 (MCI) and 3 (CBI) are directed to file counter-affidavit within four weeks, the bench said.
The PIL alleges that the functioning of the council,which regulates the quality of education being imparted in the medical colleges across the country,was getting affected under the BoG.
Petitioners counsel M D Singh Shekhar said: Constituting a BoG was a temporary measure in the wake of the arrest of the then MCI chairman in 2010. Therefore,a proper system to have an elected MCI,as is the norm,should be restored.
Shekhar said that the BoG was constituted through an ordinance,while the MCI came into being through an Act of Parliament. This is unconstitutional as ordinance cannot be seen as permanent substitute for an Act of Parliament, he added.
The petition had also sought directions to the CBI to produce before it the findings regarding the clean chit given to Desai. The CBI,which had filed a case of disproportionate assets against Desai,had later given him a clean chit citing lack of evidence.