P. VENUGOPAL versus UNION OF INDIA

P. VENUGOPAL versus UNION OF INDIA

The proviso to Section 11(1A) of the All India Institute of Medical Sciences (Amendment) Act, 2007 is unconstitutional because it creates an unreasonable classification targeting the incumbent Director, depriving him of natural justice without intelligible differentia and violating Article 14. Such 'naked discrimination' cannot be permitted under the Constitution.

Parties
Petitioner: P. Venugopal; Respondent: Union of India
Jurisdiction
India
Judgment Date
08 May 2008
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Writ Petition Allowed
Legal Topics
Constitutional Validity, Natural Justice, Article 14, Tenure of Office, Discrimination
Constitutional Law Service Law Administrative Law Constitutional Validity Natural Justice Article 14 Tenure of Office Discrimination

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Parties

P. Venugopal

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Constitutional validity of the proviso to sub-section (1A) of Section 11 of the All India Institute of Medical Sciences (Amendment) Act, 2007
  2. 2 Whether the proviso constitutes 'naked discrimination' in violation of Article 14
  3. 3 Application of principles of natural justice in premature termination

Ratio Decidendi

The proviso to Section 11(1A) of the All India Institute of Medical Sciences (Amendment) Act, 2007 is unconstitutional because it creates an unreasonable classification targeting the incumbent Director, depriving him of natural justice without intelligible differentia and violating Article 14. Such 'naked discrimination' cannot be permitted under the Constitution.

Court Disposition

Writ Petition Allowed

Orders

  • The proviso to Section 11(1A) is struck down as ultra vires and unconstitutional.
  • Petitioner P. Venugopal to be restored as Director of AllMS until 2nd July, 2008.