Dr.
V.P. Chaturvedi & Ors Vs. Union of India
& Ors [1991] INSC 193 (14 August 1991)
Misra,
Rangnath (Cj) 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.
HEAD NOTE:
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 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]
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 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 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.
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