IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3934 of 2025 ==========================================================

SANJAY MULJIBHAI PATOLIA Versus GUJARAT MEDICAL COUNCIL & ANR.

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Appearance:

MR MIHIR JOSHI, SR. COUNSEL with MR ARJUN M JOSHI(11247) with MR RAHUL R DHOLAKIA(6765) for the Petitioner(s) No. 1 MR MITUL K SHELAT(2419) for the Respondent(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 02/02/2026

ORAL ORDER

1. By the present Writ Petition, the petitioner herein challenges the order dated 18.02.2025 passed by the respondent No.1 Gujarat Medical Council whereby the petitioner’s name has been removed from the Register of Medical Practitioners for a period of three years.

2. The learned senior counsel Mr. Mihir Joshi appearing for the petitioner submits that the petitioner is the Founder-Director of Asian Bariatric, Khyati Multispeciality Hospital at Ahmedabad and New Life Hospital at Rajkot. It is submitted that the petitioner is an acclaimed obesity surgeon and practicing for past 25 years. The learned senior counsel for the petitioner submits that two patients came to be admitted in the Cardiology Department of Khyati Multispeciality Hospital, who passed away during the treatment.

Pursuant thereto, an Inquiry Committee came to be set up by the State Government. The Inquiry Committee examined the reports of the patients and concluded that the Khyati Multispeciality Hospital had conducted such medical procedures to avail the benefits under the Pradhan Mantri Jan Arogya Yojana. Pursuant thereto, an FIR came to be filed on 13.11.2024 at Vastrapur Police Station against the Directors of Khyati Multispeciality Hospital including the petitioner. On the same day, two separate FIRs came to be filed against the Directors of Khyati Multispeciality Hospital by the relatives of the deceased at Vastrapur Police Station. Thereafter, the Additional Director, Medical Services, Gandhinagar addressed a complaint on 14.11.2024 to the respondent No.1 Council to take appropriate action against the Doctors of Khyati Multispeciality Hospital. Upon receipt of such complaint, the respondent No.1 Council issued notice the petitioner and sought his response along with relevant documents within seven days. That on 21.11.2024, the petitioner through his wife Dr. Hetal Patolia replied to the notice dated 14.11.2024 stating that the petitioner was taking legal recourse against the FIRs filed against him and the relevant documents, as sought for by the respondent No.1 Council, were in the custody of the Investigating Officer and thus, inaccessible to the petitioner. The wife of the petitioner, therefore, requested three months’ time to supply the necessary documents and also to file response to the notice dated 14.11.2024.

2.1 The learned senior counsel submits that on 04.12.2024, in connection with the aforesaid FIRs, the petitioner came to be arrested and remanded to custody till 18.12.2024. He submits that thereafter, the petitioner continued to be in judicial custody till 08.05.2025 when he was released on bail. The learned senior counsel submits that while the petitioner was in the judicial custody, the respondent No.1 Council issued a communication dated 12.12.2024 directing him to remain present for hearing before the Executive Committee of the respondent No.1 Council on 08.01.2025 along with the relevant papers, reports and documents etc. in support of his reply. On the said date, the wife of the petitioner appeared before the Executive Committee of the respondent No.1 and requested for time. However, it is submitted that the wife of the petitioner was made to write a one page note conveying that the petitioner is not involved in the treatment of cardiac patient, nor involved in the management of the Cardiology Department of the Khyati Mu