Venugopal wins, Anbumani defeats in a legal battle

NI Wire

New Delhi

Thu, 8 May 2008: 

The last year's climax owing to the long dramatic tussle between the Health Minister Anbumani Ramadoss and the retired AIIMS Director P Venugopal ended today on May 08 with the Supreme Court's order that reinstated Dr. Venugopal as the Director of the AIIMS.

The Central government received major setback ursday when the Supreme Court struck down the AIIMS (Amendment) Act, 2007 that fixed the retirement age of the prestigious institute’s director at 65 or maximum tenure of five years leading to Venugopal's retirement.

A two-member judge comprising Tarun Chatterjee and H S Bedi upheld the appeal filed by Dr. Venugopal challenging the amendment to the AIIMS Act as discriminatory which culminated into his superannuation.

The Apex Constitutional body in its order said that AIIMS, New Delhi and the Post Graduate Institute for Medical Education and Research, Chandigarh (Amendment) Act, 2007, which fixed the retirement age of the directors of the two institute to a maximum of five years or till they attain the retirement age of 65 was enacted with the whole motive to target the director.

Venugopal was of the opinion that the Health Minister misused his constitutional power at the backdrop of law owing to the personal rivalry. He was vocal in saying the amendment was brought solely with the purpose of removing him from office.

Arun Jaitley, the former law minister fighting the case on behalf of Venugopal contended that the amendment made in the AIIMS Act was totally unconstitutional citing the Delhi Court Order of March, 2007, which upheld the continuation of the Venugopal as the director and the matter which was pending, during the introduction and passing of bill in Parliament, before the Supreme Court.

Dr. Venugopal was then 66-year-old and hence superannuated from his post in November last year after Parliament passed the AIIMS Amendment Bill.

The BJP took the opportunity to lay attack on the Congress-led UPA government and demanded the resignation of the Health Minister Anbumani Ramadoss.

The differences between the two came on the floor last year and the personal ego clash between the two high profile personalities had become the moustache's battle. Initially the Health Minister by abusing his power seemed to win the battle. But, eventually the truth won.

The Minister had presented the bill in the Parliament last year, which the Upper House passed in November 28 last year laying down the exit of Director Venugopal. The bill was earlier passed in the Lok Sabha amidst protest from Oppositions.

Apart from the bill aimed fixing the term of Director of the AIIMS at 5 years with a maximum age limit of 65 years, the bill provided power to health ministry for removing a director with a three months notice.

As per the doctors of the premier Institute, the bill was not only a direct assault on Dr Venugopal but also questioning the autonomy of the institute i.e. the major concern of doctor’s community.

Though some section of doctors welcomed the amendment but a large number of doctors were against it and hence the Resident Doctor’s Associations (RDA) had decided to go on the indefinite strike, which they later retreated by the intervention of the apex body.

The Health Minister not only found his way crossing with AIIMS Director, but he also incurred criticism from a section of Bollywood for unnecessary interfering with actors' freedom of creativity.