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may 2008

Supreme Court of India · 2008-05-08

P. Venugopal vs Union Of India (Uoi)

Court
Supreme Court of India
Petitioner
P. Venugopal
Respondent
Union Of India (Uoi)
Author
Tarun Chatterjee
Bench
Tarun Chatterjee, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court examined the constitutional validity of the proviso to Sub-section (1A) of Section 11 of the All India Institute of Medical Sciences (Amendment) Act, 2007, which mandated the premature termination of the writ petitioner, Dr. P. Venugopal, from his position as Director. The Court held that the amendment infringed upon the rights guaranteed under Article 14 and Article 21 of the Constitution, establishing that such legislative provisions cannot arbitrarily affect the tenure of an individual holding a statutory position. Consequently, the Court declared the proviso unconstitutional and restored the petitioner to his position.

P. Venugopal vs Union Of India (Uoi) · Niyam