“It was a clear case of “naked discrimination” for removal of one man and depriving him of the protection under Section 12(2) of the Act without there being any rationality,’’ said the judgement pronounced by a bench of Justices Tarun Chatterjee and H S Bedi.
The bench had ordered for the reinstatement of Dr Venugopal who was ousted five months back. “The writ petitioner (Dr Venugopal) shall serve the nation for some more period, up to July 2, 2008”, said the court as it directs the AIIMS Authorities to restore him in his office as the director of AIIMS till his period comes to an end.
The government had amended the AIIMS Act to oust the cardiac surgeon due to a tiff between Union Health Minister Ambumani Ramadoss and Dr Venugopal.
The bench recalled his academic excellence saying he is a renowned and internationally famed cardio vascular surgeon. He is a gold medalist in his batch of MBBS, passed out from the AIIMS itself and acquired qualification of MS and MCH in cardio vascular surgery.
He served the institute for about four decades with honesty and respect without any blemish.
In a severe indictment to the object for which a provision in Section 11 of the All India Institute of Medical Sciences (Amendment) Act 2007 was incorporated, the court said it was a “one man legislation” that creates an impermissible classification.