P VENUGOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ application under Article 32 of the Constitution moved at the instance of Dr.P.Venugopal, a renowned and internationally famed Cardio Vascular Surgeon, calls in question the constitutional validity of the proviso to Sub-section (1A) of Section 11 of the All India Institute of Medical Sciences (Amendment) Act, 2007.

(2.) The writ petitioner was admittedly the Director of All India Institute of Medical Sciences (in short the "AIIMS") immediately prior to the commencement of the added provisions and by virtue of the legislative command contained in the added provision he had been made to demit his office as Director of the said Institute from the date of coming into force of this added provision.

(3.) The writ petitioner claims and it does not appear to be disputed that he was a Gold Medalist in his batch of MBBS, passed out from the AIIMS itself and thereafter he acquired qualification of MS and MCH in cardio vascular surgery and that he served the Institute for about three/four decades with honesty and respect without any blemish. It is also not in dispute that the writ petitioner was to complete his five-year term in the Office of the Director on 2nd of July, 2008, but due to this added provision in the Act, had to suffer a pre-mature termination and consequent removal from the office of the Director on 30th of November, 2007. It is alleged that this adverse affectation has been brought about directly by the added provision.