New Delhi: Describing the removal of AIIMS Director P Vengopal as “very unfortunate”, the Supreme Court today shot searching questions at the Centre asking what prompted it to rush through the controversial law fixing 65 years as the age of superannuation.

“Why such a reputed person is humiliated in this way,” a Bench comprising Justices Tarun Chatterjee and Dalveer Bhandari asked while questioning the motive behind bringing out an amendment in the AIIMS Act when Venugopal’s tenure as Director was coming to an end after six months in June next.

The Bench which was inclined towards the arguments of Venugopal, however, said there was “difficulty” in staying the operation of the law.

“Was there any necessity of bringing the amendment at this stage,” the court asked when the Centre justified its act by saying Venugopal was on contractual appointment and it was addressing the concern of Delhi High Court which wanted that the ambiguity in the appointment be removed by way of regulation or a statute.

The Bench’s annoyance over the turn of the events was further evident at the fag end of an hour-long hearing when it said “on the facts of the case we are with Venugopal.”

The case came up before the apex court after a bitter turf war between Venugopal and Health Minister Ambumani Ramadoss over the control of the prestigious institution.

The Bench found strength in many of the arguments put forward by senior advocate Fali Nariman and Arun Jaitley, who appeared for Venugopal and Faculty Association of AIIMS.

The advocates alleged that the amended law was “hostile” and “discriminatory” against the distinguished cardiologist.

“It is very unfortunate that this (removal of Venugopal) has taken place,” the Bench said but observed that it faced “difficulty” in passing order as the Act had come into effect and senior most professor of the institute T D Dogra has assumed the office as Acting Director.

It said Dogra will continue as Acting Director of the institute till the matter is taken up in mid January.

“In the meantime, Dogra will continue as the Acting Director of AIIMS,” the Bench said issuing notices to the Centre and Health Minister Anubumani Ramadoss asking them to file their replies within two weeks to the petitions filed by Venugopal and the doctors’ association.

When further clarification was sought on the administration of AIIMS, the Bench said “status quo in its administration with regard to Dogra will continue”.
Additional Solicitor General Gopal Subramanium said malice cannot be attributed to Parliament for making the law as it was a policy and not discrimination against any individual.

However, this submission did not impress the Bench which said “after hearing Nariman and Jaitley the matter requires deeper consideration.”

Senior advocate C S Sundram, appearing for the Minister, opposed Venugopal plea seeking suspension of the amendment, saying that Dogra has taken over as Acting Director in accordance with the rule and moreover the President has given assent to the Bill.

Source : PTI