PSO. Svt.
Udnoicvteorrsailtyr, Research Associates of Vs. V [2002] Insc 220 (26 April 2002)
S. Rajendra
Babu & P. Venkatarama Reddi Rajendra Babu, J. :
[With
W.P.(C) Nos.101/98, 102/98, 103/98, 444/98, 62/98, 117/98,118/98 & 194/98]
This
batch of writ petitions have been filed by Post-Doctoral Research Associates
having Research Associateship under a scheme framed either by the University
Grants Commission [for short 'UGC'] or by the Council of Scientific &
Industrial Research [for short 'CSIR'].
Some
of the petitioners had filed writ petitions before the High Court of Delhi in
C.W.P. Nos. 4088/98 and these petitions were dismissed by stating that the
petitioners cannot claim any right to continue to remain as Research Associates
beyond the contract period and their right to remain in the said capacity come
to an end on expiry of the contract period. Those petitioners are before this
Court. the UGC has given a list of Research Associate and in practically all
the cases the research work has not exceeded five years and on completion of
the tenure their fellowship has been discontinued. Further it has been stated
before us that earlier the UGC has discontinued the scheme for the year 1998
except in relation to those who are continued under the existing scheme.
Under
the scheme, duration of the Research Associateship is for an initial period of
three years and a further extension of one or two years would be given after
evaluation by an expert committee. Such Research Associateship is not intended
to be an employment but an interim arrangement made for getting a job in any
University or College during which the Research Associate was given an
opportunity to pursue research. If a Research Associate obtained employment
during the currency of the Research Associateship, he was at liberty to resign
from the Research Associateship and join a new post. They were not designated
as Lecturers and the emoluments paid to them bear no relationship to the
existing schemes in Universities.
Considering
the tentative nature of this Associateship, on behalf of the writ petitioners
it is urged before us in these writ petitions that the scheme of Research Associateship
is counter productive causing great harm not only to the research scholars but
also to the entire nation as once the tenure of Research Associateship expires
there is no way to evaluate the validity or soundness of the research
undertaken by them during the last a few years of such associateship; the UGC
or CSIR cannot assess whether the expenditure incurred year after year in this
regard is properly utilised or not; that the scheme contemplated by the UGC as
well as CSIR clearly indicates that Research Associateship is treated as
permanent except that the researchers are appointed on tenure basis; that the
short tenures fixed under the scheme would defeat the very purpose of the
research their being no continuity in the projects undertaken and when once the
tenure is over, if there is no extension, the research done in the couple of
years would be rendered futile; that if there is a sense of security with
sustained follow-up under the control and supervision of the institutions, it
would be useful not only to the scholars but also to the nation; that the UGC
and CSIR Research Associateship are the first and perhaps the only avenues to
doctorates intending to dedicate their lives for research. If sufficient
security is provided to them as by the end of their Associateship they would be
in a position to find any job else where, their service in the institution
would be useful and fruitful. Therefore, they implore upon us for a direction
to the respondents to evolve a scheme so that the research and development in
the nation is optimally supported and benefited by the scholarship and
intellect of the Research Associates and also provide a sense of security to
them.
In
resisting these writ petitions, the UGC has set out in detail the nature of the
Research Associateship scheme which was formulated in 1983 and discontinued in
1998. The research contemplated would cover even work in humanities and social
sciences including languages and science, engineering and technology
independently and on project basis.
The
scheme was available to those who have completed their Ph.D. within the last
two years and have shown talent and competence for independent research. The
UGC pointed out that the Research Associates were not designated as lecturers
nor were their emoluments comparable with that of the lecturers. The Research Associateship
would not envisage the creation of any post or any other appointment and they
are not working against specific posts since no posts are created for such Associateship.
The teaching work, if any, undertaken by the Research Associate is part of the
research or training and is not an appointment to a substantive post. The
contractual relationship was for a maximum period of five years and there was
no question of employment of the said Research Associate. Even as late as May
5, 1997, the UGC decided that the Research Associateship should continue only
on tenure basis for a period of three years extendable by two more years and
such Associateship would be terminated at the end of it. Any fresh selection
would be by application and selection for placement in the relevant fellowship
bracket and the UGC was not at all in favour of making the research scholars
permanent. The scheme was only to provide post- doctoral experience and it
would not possible to give permanence to the scholars. Still later on in March
1998 the UGC decided to discontinue the scheme at the end of IXth Five Year
Plan due to acute shortage of funds. It was also made clear that the position
of Research Associates would continue to be available under the scheme of Major
Research Projects and other quality programmes under their respective grants on
ad hoc contractual positions for the period of the project. Under the UGC
Scheme, there were 933 Research Associates working under various Universities
all over the country entailing an expenditure of Rs.9 crores annually which
would get enhanced to Rs.13 to Rs.14 crores in due course. The UGC as such does
not have any post of Research Associate and the concerned scholars were working
in the institutions all over the country and such institutions have their own
recruitment rules for appointment thereto. Appointing Research Associate to any
vacant post would be tantamount to denying meritorious candidates the
opportunity to apply for the said post and, therefore, making those posts
available to the Research Associate would not be appropriate and further various
Universities being autonomous bodies have their own relevant recruitment rules
to be applied in such matters.
The
UGC also brings out the difference between the Research Associates Scheme and
the Research Scientists Scheme of the UGC. The Research Scientists Scheme was
intended to build a cadre of Research Scientists in Indian Universities to
promote high quality research in science, engineering and technology and
humanities including social sciences by providing opportunities to persons with
outstanding merit.
Unlike
the Research Associates who were retained on a fixed amount much less than that
of corresponding grades in Universities, the Research Scientists receive scales
equivalent to Lecturer, Reader and Professor with all other benefits such
dearness allowance, provident fund, etc. Therefore, the Research Scientists
Scheme had built into it a permanency and equivalence with University teachers.
On the other hand, the Research Associates scheme did not contemplate either
permanency and equivalence with University teachers in any manner.
The
candidates with Ph.D. degree are eligible to apply for a Research Associateship
whereas for the Research Scientists Scheme, Ph.D. along with research
experience of not less than two years is required at the minimum grade of
Research Scientists 'A' and the said scheme had been revised which is also for
a fixed non-renewable term of five years only and this scheme has also been
discontinued now.
The
stand of the CSIR is also similar. The main features of the scheme is to give
placement to the Scientists on a temporary basis to facilitate them in the
meantime to find out appointment on regular basis.
They
are not given any appointment but attached to a Government Department or State
Industrial Enterprises, National Labs., Universities/Scientific Institution
etc. and they may even be attached to an establishment in private sector. The
main purpose and intention of the Scheme is to give placement to Pool Officers
which is not against any post but is an unemployment support and the placement
of such a scientist as pool officer does not guarantee him any appointment with
the CSIR or the Government Department on regular basis. There is another scheme
called "Scheme of Quick Recruitment of Scientists (Fellows)' which provides
selection and such fellows will be on a contract for a period not exceeding
three years and it may be terminated during the prescribed period. At present,
only 10% of the total Senior Research Associates under Scientists Pool Scheme
and those scientists who have put in 15 years of research service or more which
include 13 years of experience in different kinds of fellowship or Associateship
and it is only such persons who are considered for absorption in regular
establishments. The petitioners, it is contended, are neither doing any
research in any of the CSIR labs nor have they put in 15 years of research work
with the CSIR system on account of which they cannot be considered for
absorption in the CSIR and that the scheme was framed pursuant to an order made
in C.A.No.1680/1997 by this Court in a matter arising from the order made by
the Central Administrative Tribunal in Pratibha Mishra vs. CSIR in O.A.No.83/96
and this aspect was further clarified by this Court in CSIR & Ors. vs. Dr.
Ajay Kumar Jain, 2000 (4) SCC 186. It is, therefore, contended that the kind of
directions sought for in these petitions cannot be granted.
Reliance
was placed on behalf of the petitioners on a decision of this Court in V.L.Chandra
& Ors. vs. All India Institute of Medical Sciences, 1990 (3) SCC 39, in
which ad hoc appointments made in one project or another continuing for long
periods and thereafter on projects drying up, researchers in such projects
having worked for continuously for 10 to 15 years their services having been discontinued
on the ground of absence of further projects would give rise to human problem
of deprivation of source of sustenance as with the advancement in age they
become disentitled to jobs in government or public sector undertakings and,
therefore, this Court gave direction to evolve a scheme for building up a team
of researchers in coordination with Health Ministry and to provide employment
to the aggrieved persons either as researchers or in any suitable employment
until their inclusion in the team is considered.
In Dr.
V.P.Chaturvedi & Ors. vs. Union of India & Ors., 1991 (4) SCC 171, this
Court followed the decision rendered in V.L.Chandra's case [supra] and similar
directions were given in that case also. This Court in Dr.Ajay Kumar Jain's
case [supra] examined the scheme of appointment as Pool Officer under
Scientists' Pool Scheme or as Scientist Fellow under the Scheme of Quick
Recruitment of Scientists [Fellow] for major Projects on contract basis for a
limited period and held that it did not entitle them to regularisation of their
services or absorption in CSIR and distinguished the decision in Pratibha Mishra's
case [supra] to which we have adverted to earlier.
The
fact remains that in none of these cases the petitioners have worked for a
period of 10 to 15 years. They have no doubt worked under different schemes on
tenure basis. Now what is sought for in these writ petitions is not regularisation
and that position was made clear by the learned counsel for the petitioners. On
the other hand what was submitted was that the UGC and CSIR must frame
appropriate scheme to support scientific advancement providing a healthy
climate for the research fellows to carry on such work and these research
fellows who are petitioners before us can carry on such work only with a sense
of security for their continuity in the work done by them which would be
beneficial to the country as a whole and also to these individual. The scheme
evolved by UGC or CSIR is only a supportive programme for the research fellows
during the period of unemployment initially for a period of five years. Such
scheme will allow research fellows who have done their Ph.D. and have a waiting
period of five years when they have got no jobs to keep them active in their work,
facilities are provided to them to carry on research on tenure basis. If that
is so, it may not be accurate to state that is only to encourage research that
these research fellows have been engaged and not by way of support to them
during the period of their unemployment and if that aspect is borne in mind
that the UGC or the CSIR have framed scheme to give support to such candidates
for a particular period during which they can obtain job in an appropriate
University or institution or in any other organisation, it cannot be stated that
such scheme is faulty. It is more by way of a social welfare measure such
action is being taken and not merely to promote scientific research which may
be an incidental fall out under the Scheme. Therefore, it would be very
difficult for us to direct any scheme being framed by the UGC or the CSIR in
this regard. All that this Court can hope is that the UGC or the CSIR would
bear in mind research work done by these scholars and provide them appropriate
opportunities whenever an occasion arises.
With
the aforesaid observation, these writ petitions shall stand dismissed. No
costs.
...J.
[ S.
RAJENDRA BABU ] ...J.
[P.VENKATARAMA
REDDI] APRIL 26, 2002.
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