New Delhi: In a setback to the Government, the Supreme Court on Thursday struck down a law used to ease out noted cardiologist P Venugopal as Director of the prestigious All India Institute of Medical Sciences (AIIMS) after a bitter row with Health Minister Anbumani Ramadoss.

Within hours of the court verdict, 66-year-old Venugopal resumed charge at AIIMS.

"I have always served the institute and will continue to do so for the time given to me", he said in a brief statement signed as Director, AIIMS.

Earlier, giving his initial reaction to the court verdict through a resident doctor, Venugopal said, "The court decision has thwarted the game-plan carried out in Parliament".

Venugopal's remaining tenure is less than two months. It is due to end on July two.

He had challenged an amendment to the AIIMS Act that fixed the upper age of retirement of Director at 65 years, a step that forced him to him relinquish office.

A bench of Justices Tarun Chatterjee and H S Bedi upheld the appeal filed by Venugopal challenging the impugned law as being discriminatory and malafidely brought to superannuate him.

Ramadoss and Venugopal were engaged in a turf war for the control of the reputed institute.

Seizing the opportunity to put the Government on the mat following the court verdict, the BJP demanded the resignation of the Health Minister.

"If Ramadoss does not resign, Prime Minister Manmohan should dismiss him," party leader Sushma Swaraj told reporters. Putting up a brave face, Ramadoss rejected calls for his resignation. He said the government would decide on the future course of action after going through the judgement.

"We have yet to receive details of the court judgement," he said.

Senior counsel and former Law Minister, Arun Jaitley, contended on behalf of Venugopal that the Act was illegal as the High Court had in March last year upheld his continuation in the post and the matter was pending in the apex court. But the Centre in the meantime brought the amendment in Parliament, he said.

Resident doctors of AIIMS backing the ousted Director welcomed the court verdict and demanded the resignation of Ramadoss.

"This is a victory of truth.... Ramadoss is responsible for the entire fiasco and he should resign," said Kaushal Kant Mishra, spokesperson for the Resident Doctors Association.

The case came up before the Supreme Court on December 3 last year after an intense row marked with bitterness between Venugopal and Ramadoss over the control of the reputed institute.

The apex court, while admitting Venugopal's petition, had expressed displeasure over his removal and described it as "unfortunate".

"Why such a reputed person is humiliated in this way?" the court had asked the Government, while questioning the motive behind bringing an amendment in the AIIMS Act, when Venugopal's tenure as Director was coming to an end after six months on July 2 this year.

The court, however, had expressed "difficulty" in staying the operation of the law passed by Parliament at that time.

The Government, on the other hand, had defended the legislation saying that malice could not be attributed to Parliament for making the law to evolve a policy, and maintained that there was no discrimination against any individual.

The Government had further contended that it was merely addressing the directive of the Delhi High Court for removing the "ambiguity" in the appointment of the Director by making statute.

"This judgement of the Supreme Court has clearly sent a message that please don't interfere with the functioning of autonomous institutions and don't tinker with the intellectuals who have given their life to build up these institutions," said Venugopal's lawyer, Mahendra Singh.

AIIMS faculty association president Vinod Khaitan said Venugopal has become the symbol of the dignity of the medical fraternity and demanded Ramadoss's resignation.

Taking a swipe at the Health Minister, BJP Vice President Mukhtar Abbas Naqvi said, "From the very beginning, the Health Minister has been acting in an unhealthy manner. The passage of the AIIMS amendment Act is 'politically motivated' and aimed to satisfy his ego".

Source : PTI