Katti felt his punishment was 'disproportionate'

Giridhar Katti was suspended by the General Medical Council last May for failing to disclose his condition.

He applied for surgical posts despite an NHS directive barring carriers from "exposure-prone procedures".

Dismissing his challenge at the High Court on Monday, a judge said the GMC took the view that his behaviour "undermined the public confidence".

Katti, from Arnold in Nottinghamshire, was working at Lincoln City Hospital when he sought a new post at Nottingham City Hospital in June 2001, but omitted any reference to his condition.

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He started work at Nottingham City Hospital on 9 July, 2001, and although his superiors later learnt about his condition, he had already performed an open hernia repair - in breach of the NHS directive.

Suspending him from the register last year, the GMC found "he knew or should have known that that omission was deceitful and that it could jeopardise the care of patients".

Between November and December 2001, Katti was employed as staff surgeon at Eastbourne District Hospital, again without his employers' knowing of his infection.

Similar job applications followed after Katti left East Sussex, including to the Derby Royal Infirmary, Cheltenham General Hospital, and the United Bristol NHS Trust.

'Dishonest and misleading'

Katti appealed against the GMC's decision to "suspend him immediately" from the medical register, but had his case rejected by Mr Justice Pitchford after a day-long hearing.

The judge said the GMC was entitled to characterise Katti's conduct as "inappropriate, dishonest and misleading, and not in the best interests of patients".

Katti, who represented himself , argued that the punishment was "disproportionate".

Mr Justice Pitchford acknowledged the punishment might seem "draconian", but said the GMC took the view that his behaviour "undermined the public confidence" and "was such as to place patients at potential risk".