SUPREME COURT OF INDIA
RANGANATH MISRA, CJI., M.H. KANIA, KULDIP SINGH, JJ.
DR V.P. CHATURVEDI, OTHERS
Versus
UNION OF INDIA, OTHERS.
Writ Petition No. 917 of 1990 with LA Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988, Contempt Petition No. 45 of 1991 in Writ Petition (Civil) No. 602 of 1990
Decided on 14-8-1991
Advocates appeared
S.K. Bhattacharya, R. Venkataramani, Advocates, for the Petitioners;
Altaf Ahmed, Additional Solicitor General (S.K. Mehta, A. Mariarputham, Ashok Bhan, Ms A, Subhashini, R. Ramachandran, S.P. Kalra, Arun Madan, Advocates, with him) for thr Respondents.
Constitution of India, 1950 - Article 32 – Employment and Service matter - Contempt petition and Interlocutory applications - Security of employment and improvement of conditions of service - Main application is under Article 32 of Constitution while contempt petition and interlocutory applications in connected writ petition are for orders and directions - Common aspects in all three proceedings are that petitioners before this Court are Research Scholars connected with projects entrusted to different institutions. They are before court for security of employment and improvement of conditions of service – Held, once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down - Therefore, thought that those who had put in long period of research work should only be provided security so that in later part of their service life, they may not be put to inconvenience – Court have no objection to a core cadre being built up and if Health Ministry is of view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into cadre at first instance on regular basis – Court adjourn these matters by two months to receive a comprehensive response from Union Government in the Health Ministry so that court would have opportunity of examining comprehensive scheme and then make a final order – Direction issued - Order accordingly.
ORDER
1. The main application is under Article 32 of the Constitution while the contempt petition and the interlocutory applications in the connected writ petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this Court are Research Scholars connected with projects entrusted to different institutions. They are before the court for security of employment and improvement of conditions of service.
2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990{Dr V.L. Chandra v. All India Institute of Medical Sciences, (1990) 3 SCC 38 We then indicated: (SCC p. 41, para 7)
"The Institute set up by statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would assist in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same.
"3. Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research (ICMR for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets its expenditure on research by funding. The Court does not have the adequate technical knowhow but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.
4. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should (sic not) also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than re
referred to : Dr V.L. Chandra v. All India Institute of Medical Sciences
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