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Apex court quashes AIIMS law

J. Venkatesan

Venugopal back in office

New Delhi: The Centre on Thursday suffered a setback with the Supreme Court striking down the All-India Institute of Medical Sciences and Postgraduate Institute of Medical Education and Research (Amendment) Act and restoring P. Venugopal as AIIMS Director.

Though he was appointed for five years till July 2 this year, Dr. Venugopal demitted office in December 2007 as the law fixed the superannuation age at 65. Now, he joined office soon after the judgment by a Bench consisting of Justices Tarun Chatterjee and H.S. Bedi, which allowed his writ petition challenging the legislation.

“Why this humiliation?”

Dr. Venugopal alleged that the law was enacted at the instance of Union Health Minister Anbumani Ramadoss out of personal bias and demanded that he be restrained from interfering directly or indirectly in AIIMS’ affairs.

Even during the course of arguments, the Bench expressed concern at the treatment meted out to Dr. Venugopal. “Why are you humiliating such a respectable and eminent person,” Justice Chatterjee asked Additional Solicitor-General Gopal Subramaniam. Certain unfortunate things are done in this case.”

Dr. Venugopal said he was appointed on July 3, 2003 for a five-year tenure till July 2, 2008. While so, “what was the urgency in bringing in the statute, which is patently discriminatory?” He contended that the Minister took several steps to remove him, including efforts to bring in an ordinance more than once, and finally succeeded in enacting the law. Describing it as a mala fide exercise of power, he prayed for quashing the law as unconstitutional.

But the Centre said, “The Act was to ensure that a Director is not appointed under a contract and his tenure would be governed by a statute. It is not hostile discrimination.”

It said: “We were directed by the Delhi High Court to come out with a comprehensive policy on service rules and regulations, including those governing the Director. By enacting the law, we have removed the ambiguity in the appointment of Director. The law could not be faulted as it was passed by Parliament on the basis of the government’s policy decision.”

The Bench, however, rejected these arguments.

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