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PETITIONER: DR. V.L. CHANDRA AND ORS. ETC.

       Vs.

RESPONDENT: ALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.

DATE OF JUDGMENT22/03/1990

BENCH: MISRA RANGNATH BENCH: MISRA RANGNATH PUNCHHI, M.M. RAMASWAMY, K.

CITATION:  1990 SCR  (2) 104        1990 SCC  (3)  38  JT 1990 (1)   515        1990 SCALE  (1)534

ACT:     All  India  Institute  of Medical  Sciences  Act,  1956: Sections   13   and   14---A.   1.   1.   M.S.    --Research Projects--Researchers-- Termination  of services on  comple- tion  of Project--Scheme to be evolved to build up  team  of Researchers  to meet general requirements of  research--Con- tinuous Research Projects to be sponsored--Employment to  be provided to the Researchers--Directions issued.     Constitution  of  India, 1950:  Article  32--Researchers employed  by  A.I.I.M.S.--Completion  of   project--Services terminated--Researchers to be provided employment--Direction issued.

HEADNOTE:     The Petitioners were employed by the  respondent--Insti- tute  for  carrying  out assignments  of  research  projects undertaken by the Institute. The employment of three of  the four petitioners was terminated. The petitioners filed  Writ Petitions in this Court alleging that they were continuously employed for more than 10-15 years and had reached an age in life where they were no more entitled to enter into  Govern- ment service or any other suitable employment and, with  the deprivation  of their employment they were deprived  of  the source of sustenance and the nation of their useful service, as  they  had picked up requisite expertise which  would  be useful in carrying out any normal research project.     In the common affidavit filed on behalf of the  respond- ents,  the respondent-Institute stated that  the  employment was project-wise,.and once the project was complete, the job came to an end, and the services of the petitioners were  no longer required in the absence of any research project,  and that  the fortuitous circumstances of continuous  engagement did not confer any right on the petitioners to be in contin- ued employment even when no research project was in hand. Disposing of the petitions, this Court, HELD: The All India Institute of Medical Sciences set up by 105 statute is intended to carry on research in a continuous way to improve the level of medical knowledge. The Institute  is entrusted  from time to time with research projects  by  the World  Health  Organisation, the Indian Council  of  Medical

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Research  and  other government and  semigovernment  bodies. Therefore,  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.  Certain projects would quite possibly require specialised hands  and on  such occasions a special team could be set up on  casual basis by drawing the competent hands from different institu- tions 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. [108B-C]     The  Health  Ministry must also sponsor  continuous  re- search 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  rele- vant  medial information and knowledge, apart from  building up  a  scientific tone and temper for  general  circulation. [108D-E]     The  Institute should initiate seriously action in  this regard  without delay and the Ministry of Health and  Indian Council  of  Medical Research should  collaborate  with  the Institute. [108E]     Since the respondent-Institute has immediately no  scope to  employ  the petitioners, excepting the one  already  re- tained,  the remaining three petitioners should be  provided employment either as Researchers or in any suitable alterna- tive employment until their inclusion in a team of research- ers  is considered. The Indian Council of  Medical  Research should  take appropriate steps to offer adequate  employment to the three petitioners within two months hence. If  neces- sary,  the  Ministry of Health should  cooperate  and  place adequate  funds  at the disposal of the  Indian  Council  of Medical Research. [108F-H]

JUDGMENT:     ORIGINAL  JURISDICTION: Writ Petition Civil Nos. 999  of 1988 and 1043 of 1989. (Under Article 32 of the Constitution of India).     R.K. Jain, Rakesh K. Khanna, Ms. Sangeeta Mandal,  Surya Kant and R.P. Singh, (NP) for the Petitioners. 106     S.  Hegde, Additional Solicitor General, Ms.  A.  Subha- shini, Ms. Uma Jain and R.K. Mehta for the Respondents. The Judgment of the Court was delivered by     RANGANATH  MISRA, J. Both these are  applications  under Art.  32 of the Constitution, the first one by  three  peti- tioners  and  the second by one. The  respondent  All  India Institute  of Medical Sciences has been set up under a  Cen- tral  Act of that name of 1956. Section 13 of the  Act  pro- vides the objects of the Institute which are: "(a)  to  develop patterns of teaching in  udergraduate  and post-graduate medical education in all its branches so as to demonstrate  a  high standard of medical  education  to  all medical colleges and other allied institutions in India; (b) to bring together in one place educational facilities of the highest order for the training of personnel in all important branches  of health activity; and (c) to attain  self-suffi- ciency in post-graduate medical education."     Section  14  of the Act lays down the functions  of  the Institute and, inter alia provides in cls. (a) and (b):

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"14.  With a view to the promotion of the objects  specified under section 13, the Institute may--          (a)  provide  for undergraduate  and  post-graduate teaching in the science of modern medicine and other  allied sciences including physical and biological sciences;          (b) provide facilities for research in the  various branches of such sciences";     Petitioners  have alleged that ever since its  inception the Institute has taken up various research projects and has made valuable contribution to the updating of medical knowl- edge and building up coordinated research activity. For  the purposes of carrying out such research programme in conjunc- tion with the world Health Organisation, the Indian  Council of Medical Research and other celebrated organisations--both national and international--research projects are undertaken by the Institute by employing researchers. For the  carrying out of the assignments of research projects the  petitioners were employed more than a decade ago and their assertion  to the effect that 107 they have continuously worked for more than 10-15 years  has not been disputed. Petitioners have also asserted that  they have  worked to the satisfaction of the authorities and  the guides  and there is no denial of that fact too. It  is  the case  of  the petitioners that by working for  such  a  long period continuously and in different projects under  differ- ent  guides,  they have picked up  the  requisite  expertise which  would be useful in carrying out any  normal  research project. Petitioners allege that there is work in the  hands of  the Institute but petitioners’ employment  excepting  in the case of Dr. Jasbir Kaur Dhawan (Kochhar), petitioner no. 3  in the first writ petition, as Researchers have now  been terminated.  They  contend  that having worked  for  a  long period  in  the Institute they have reached an age  in  life where  they  are no more entitled to enter  into  Government service or any other suitable public employment. While  they have gathered the requisite expertise and are useful for the purpose of assisting research programme with the deprivation of  their employment and faced with the ban of over age  for any  public  employment they are deprived of the  source  of sustenance and the nation is deprived of their useful  serv- ice.     The  Institute,  the Union of India in the  Ministry  of Health  and  the  Indian Council of  Medical  Research  have responded to the notice on the petition. A common  affidavit has been filed purporting to be on behalf of the respondents by the Director of the Institute. It has been stated therein that  the  Institute is assigned projects  and  the  Project Guides  pick up Researchers depending upon suitability.  The employment is project-wise and once the project is complete, the  job comes to an end. The fact that there has been  con- tinuous  engagement  available to the petitioners  does  not change  the nature of employment and the fortuitous  circum- stance of continuity does not confer any right in the  peti- tioners  to be continued in employment even when the  Insti- tute does not have any research project in hand. It has been specifically  pleaded that the services of  the  petitioners are  not required any longer in the absence of any  research project  with  the Institute where their services  would  be suitable.     The  other two respondents being the Union of India  and the  Indian Council of Medical Research have not  filed  any counter affidavit of their own. The Institute and the  Union of India appeared through separate Advocates at the time  of hearing.

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   Mr. Hegde, learned Additional Solicitor General indicat- ed his sympathy to the cause of the petitioners and took  an adjournment  from  the Court to explore the  possibility  of offering a solution to the 108 problem  and  returned to tell us that though  there  was  a human problem, no solution could be worked out.     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  en- trusted  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 Insti- tute in coordination with the Health Ministry and the Indian 2Council  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  spe- cialised 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  Chandi- garh  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  Insti- tute initiates seriously 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.     Respondent no.3--Indian Council of Medical Research  has not chosen to appear separately before us inspite of service of  notice.  Since we have been told  that  the  respondent- Institute has immediately no scope to employ the petitioners excepting  the one that we have named above, we direct  that the  remaining  three  petitioners in  these  two  petitions should  be provided employment either as Researchers  or  in any suitable alternative employment until their inclusion in a  team of researchers is considered. The Indian Council  of Medical  Research  shall  take appropriate  steps  to  offer adequate  employment  to the three  petitioners  within  two months hence. If the question of funding becomes  necessary, we  direct  the Ministry of Health to  cooperate  and  place adequate  funds  at the disposal of the  Indian  Council  of Medical Research. 109     These  two petitions are disposed of with the  aforesaid directions and without any order for costs, with liberty  to the  petitioners to apply, with the fond hope that all  con- cerned will appreciate the spirit of the order and implement the direction in the proper way as stipulated. N.P.V.                               Petitions disposed of. 110