State asks two VN Desai Hospital doctors to explain alleged irregularities in HIV testing

The doctors—medical superintendent Dr Jairaj Acharya and head of the pathology department, Dr Abhijit Bhanji—have been asked to provide detailed explanations after being accused of exploiting patients by creating an artificial shortage of HIV testing kits at the hospital.

Mumbai: The Maharashtra Medical Council (MMC) has issued notices to two senior doctors at the VN Desai Hospital, following serious allegations of irregularities in HIV testing at the civic-run hospital in Santacruz.

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The doctors—medical superintendent Dr Jairaj Acharya and head of the pathology department, Dr Abhijit Bhanji—have been asked to provide detailed explanations after being accused of exploiting patients by creating an artificial shortage of HIV testing kits at the hospital.

The MMC issued the notices on October 7 following a complaint filed by advocate and health activist Tushar Bhosale last month, highlighting multiple protocol violations and potential misuse of hospital resources. According to the complaint, the HIV testing kits provided by the Mumbai Districts AIDS Control Society (MDACS) were in short supply for several months earlier this year.

“While the additional municipal commissioner had advised the hospital to procure the HIV testing kits either through the regular purchase schedule or by local purchase to ensure continuity of testing, Dr Acharya and Dr Bhanji failed to act and instead created an artificial shortage,” the complaint said.

During this shortage, all HIV samples from the hospital were allegedly diverted to a private laboratory located opposite it. Patients were then charged around ₹450 per test, despite HIV testing being free at all civic hospitals. The complaint further alleged that Dr Bhanji benefited personally from this arrangement, engaging in what was described as a “cut practice” with the private lab.

Bhosale’s complaint also accuses the hospital of violating key ethical and procedural norms. HIV testing was allegedly conducted without obtaining patient consent and without pre- or post-test counselling, both of which are mandatory under the National AIDS Control Programme guidelines. “Such lapses can lead to severe violations of patient privacy and mental trauma,” said Bhosale.

The complaint further highlights administrative and professional misconduct within the pathology department. The gynaecology department complained about frequent delays in receiving HIV test reports, allegedly because Dr Bhanji, a DNB teacher, “marks biometric attendance and leaves,” often arriving late or being absent during duty hours, according to a hospital official, who requested anonymity.

Bhosale added that several test reports were signed in Dr Bhanji’s absence, including on days he was not present in the hospital. “In several cases, pathology reports were dispatched without his signature, as emergency results were required and no senior signatory was available,” he said.

Additionally, when the technician was on leave, after 4 pm, or on Sundays and holidays, ward doctors were reportedly instructed to perform HIV tests themselves, a task meant strictly for trained laboratory staff. “No record was maintained of the number of tests performed or the number of positive cases detected on such days,” said another hospital official.

“I came to know about this malpractice when a known person admitted at VN Desai informed me about it,” said Bhosale. “The situation indicates gross negligence and exploitation of patients who come to public hospitals seeking free treatment.”

The MMC has taken cognisance of the complaint and sought explanations from both doctors. Disciplinary action may follow if the allegations are substantiated after review.

Dr Bhanji refused to comment on the allegations, but confirmed receiving the MMC’s notice. Dr Jairaj did not respond to calls or texts from HT.