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PETITIONER: DR. V.P. CHATURVEDI AND ORS.

       Vs.

RESPONDENT: UNION OF INDIA AND ORS.

DATE OF JUDGMENT14/08/1991

BENCH: MISRA, RANGNATH (CJ) BENCH: MISRA, RANGNATH (CJ) KANIA, M.H. KULDIP SINGH (J)

CITATION:  1991 SCR  (3) 595        1991 SCC  (4) 171  JT 1991 (3)   525        1991 SCALE  (2)325

ACT:     Civil      Services:     Researchers     in      medical institutions--Providing  security  of service to  those  who have  put  in long period of research work--Building  up  of core cadre--Absorption in the cadre on regular basis--Direc- tions issued.        Public  Health:  Need for continuous research  in  the treatment  of  diseases--Participation of  established  drug manufacturers--Scheme suggested.

HEADNOTE:     In  the present petitions filed before this  court,  the petitioners,  Research  Scholars  connected  with   Projects entrusted to different institutions, prayed for security  of employment and improvement of conditions of service. In  the earlier  writ petitions this Court indicated that those  who have put in 15 years of research work should be  immediately regularised and that a core cadre be built up. The  Respond- ents  undertook  to submit a comprehensive scheme  and  this court  granted two month’s time to the Respondents  to  file the same.     Passing interim orders pending examination of a  compre- hensive  scheme  to be submitted by  the  Respondents,  this Court,     HELD:   1.  The  Indian  Council  of  Medical   Research (I.C.M.R.)is  actually the organisation set up for  research purposes  and  the Union of India meets the  expenditure  on research  by funding. This Court does not have the  adequate technical  know how but is 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  opera- tions,  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. Hence a small monitoring unit requires  to be set up which would finalise the various research projects well in advance and receive offers of projects from  organi- sations  like  World Health Organisation  or  other  bodies. [598B-D] 596     2.  No consideration has been. given as to why the  drug

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manufacturers in India who have engaged themselves in a Very lucrative  trade  should also participate in  research  pro- grammes. Quality of work in research institutes  specialised in their fields is bound to be better than research  carried on  by  the  manufacturers themselves.  A  scheme  could  be evolved  by  which established drug manufacturers  could  be required  to  participate in such programmes  by  supporting particular  research  projects  which  the  monitoring  body ’could  allot.  Continuing. research not only  keep  up  the level  of knowledge but also helps the enhancement of  effi- ciency of treatment of diseases and in the matter of provid- ing relief to the patients. [598E-G]     3. Once service guarantees are provided and security  of service  is available, the flow of inspiration  from  within perhaps slows down. However, there is no objection to a core cadre  being built up and if the Health Ministry is  of  the view  that there should be a core cadre, it can quickly  set up the same and such of the researchers who have put in more or  less continued period of work could he brought into  the cadre at the first instance on regular basis. The  Committee which  the  Union of India has to set up my look  into  this totter more thoroughly and give shape to the idea. [599A-C]     4.  The Patel Chest Institute seem to be more or less  a permanent  future and researchers therein may  be  continued against the programmes available. The funding of course  has to be ultimately done by the Health Ministry and the  manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should he  continued upon availability of its programmes but  those who have put in longer periods may be absorbed in  available vacancies. The stand taken by Committee that researchers may be  treated as in-service candidates when regular  vacancies occur for absorption, is approved. [599D, E]

JUDGMENT: ORIGINAL JURISDICTION: Writ Petition No. 917 of 1990. (Under Article 32 of the Constitution of India).     (With I,A. Nos..1-3/90 in Writ Petition (Civil) No: 9/88 and Contempt Petition No. 45/91 in Writ Petition (Civil) NO. 602/90). S.K. Bhattacharya and R. Venkataramani for the Petitioners. Altaf Ahmed, Additional Solicitor General, S.K. Mehta, A. 597 Mariarputham,  Ashok Bhan, Ms. A. Subhashini,  R.  Ramachan- dran, S.P. Kalra and Arun Madan for the Respondents. The following Order of the Court was delivered:     The main application is under Article 32 of the  Consti- tution  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 proceed- ings 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.     In  Writ Petition 999 of 1988. along with Writ  Petition No. 1043 of 1989 we gave our judgment on March 22, 1990,  We then indicated:               "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

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             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-govern-               ment  bodies. It is appropriate that a  Scheme               should be evolved ’by the Institute m  coordi-               nation 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  specia-               lised  hands’ and on such occasions a  special               team could be set up on casual basis by  draw-               ing the competent hands from different  insti-               tutions ,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  re-               spondents  Institute as also a similar  Insti-               tute  at Chandigarh and to institutes  as  and               when’set  up elsewhere. This would assist  ill               updating  relevant medical  ’information’  and               knowledge, apart from building up a scientific               tone and temper for general circulation.               598                    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 collab-               orate with the Institute to work out the same.     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 year. s of  research work  should  immediately be regularised and  core  a  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 simultane- ously 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.     No  consideration  has been given. as to  why  the  drug manufacturers in India who have engaged themselves in a very lucrative  trade  should also participate in  research  pro- grammes. Quality of work in research institutes  specialised in their fields is bound to. be better than research carried on  by  the  manufacturers themselves.  A  scheme  could  be evolved  by  which established drug manufacturers  could  be required  to  participate in such programmes  by  supporting

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particular research projects which the monitoring body Could allot.  Continuing research not only keeps up the  level  of knowledge  but also helps the enhancement of  efficiency  of treatment of diseases and in the matter of providing  relief to the patients.     Mr.  Venkataramani seriously presses before us that  the researchers  should  have some scheme where  within  two  to three  years they could as in other  Government  service--be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988’ we had  no intention  of  creating a permanent cadre of  the  type  Mr. Venkataramani argues about. In fact ’project- 599 wise  research  helps  to generate  better  efficiency  than caderised research organisation. Once service guarantees are provided  and security of service is available, the flow  of inspiration  from within perhaps slows down. We had,  there- fore,  thought  that  those who had put in  long  period  of research  work should only be provided security so  that  in the later part of their service life, they may not be put to inconvenience.     We have no objection to a core cadre being built. up and if the Health Ministry is of the 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 the Cadre at the  first instance on regular basis. The Committee which the Union  of India  has perhaps to set up may look into this matter  more thoroughly  and give shape to the idea we have  conveyed  by our judgment.     The  Patel Chest Institute seems to’ be more or  less  a permanent   feature   and   researchers   therein   may   be continued.against  the programmes available. The funding  of course has to be ultimately done by the Health Ministry  and the manner of funding may be determined by it. The research- ers  who have worked in the All India Institute  of  Medical Sciences  should be continued upon availability of its  pro- grammes  but  those was have put in longer  periods  may  be absorbed  in available vacancies. We are aware of the  stand taken  by  Committee that researchers may be treated  as  in service candidates when regular vacancies occur for  absorp- tion. This has our approval.     We  adjourn  these matters by two months  to  receive  a comprehensive  response.  from the Union Government  in  the Health  Ministry  so that we would have the  opportunity  of examining  the  comprehensive scheme and then make  a  final order. Call on 4.10.1991. G.N.                                      Matters adjourned. 600