DR. V.P. CHATURVEDI AND ORS.versusUNION OF INDIA AND ORS.

               DR. V.P. CHATURVEDI AND ORS.                                  A
                             v.
                 UNION OF INDIA AND ORS.

                           AUGUST 14, 1991

        [RANGANATH MISRA, CJ., M.H. KANIA AND                                B
                 KULDIP SINGH, JJ. !

      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-Directions issued.                                                     0
      Public Health: Need for continuous research in the treatment of
diseases-Participation of established drug manufacturers-Scheme
suggested.

       In the present petitions filed before this Court, the petitioners, D
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 he built up. The Respon·
dents undertook to submit a comprehensive scheme and this court E
granted two month's time to the Respondents to file the same.

     Passing interim orders pending examination of a comprehensive
scheme to be submitted by the Respondents, this Court,

       HELD: 1. The Indian Council of Medical Research (I.C.M.R.) is         F
 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 knowhow 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 operations, more
 useful work can be done and simultaneously the researchers would have       G
 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 organisations like
 World Health Organisation or other bodies. [598B· DI
                                                                             H

                                   595
    596                    SUPREME COURT REPORTS              [1991] 3 S.C.R.

A         2. No consideration has been given as to why the drug manufac·
    turers in India who have engaged themselves in a very lucrative trade
    should also participate in research programmes. Quality of work in
    research institutes specialised in their fields Is hound to be better than
    research carried on by the manufacturers themselves. A scheme could
    be evolved by which established drug manufacturers could be required
B   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. [S98E-GJ

          3. Once service guarantees are provided and security of service is
c   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 be brought into .the cadre
D   at the first instance on regular basis. The Committee which the Union of
    India has to set up may look into this matter more thoroughly and give
    shape to the idea. [S99A·Cl

          4. The Patel Chest Institute seems to be more or less a permanent
    feature and researchers therein may be continued against the program·
E   mes 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 be 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
F   treated as in-service candidates when regular vacancies occur for
    absorption, Is approved. [S99D, E]

          ORIGINAL JURISDICTION: Writ Petition No. 917 of 1990.

           (Under Artice! 32 of the Constitution of India).
G
         (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.

H          Altaf Ahmed, Aclditional Solicitor General, S.K. Mehta. A.
                            DR. V.P. CHATURVEDI v. U.0.1.                    597

        Mariarputham, Ashok Bhan, Ms. A. Subhashini, R. Ramachandran, · A
        S.I?. Kalra and Arnn Madan for the Respondents.

              The following Order of the Court was delivered:

              The main application is under Article 32 of the Constitution
        while the Contempt Petition and the Interlocutory Applications in the       B
        connected Writ Petitfon 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 dif-
        ferent Institutions. They are before the Co"\lrt for security of employ-
        ment and improvement of conditions of service.

           . In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of
                                                                                    c
        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 medi-
                   cal knowledge. Under the Act the Institute is an autono-         D
                    mous 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        E
                   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 compe'       F
                   lent 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        G
                   purpose several projects should be listed out from time to
                   time and entrusted to the respondent-Institute as alsq a
                   similar Institute at Chandigarh and to institutes as and
                   when set up elsewhere. This would assist in updating rele-
                   vant medical information and knowledge, apart from build-
                   ing up a scientific tone and temper for general circulation.     H
    598                   SUPREME COURT REPORTS             [1991] 3 S.C.R.

                We commend tnat the Institute initiates serious action in
A
                this regard \V,,ho!>t delay and we suggest that the Ministry
                of Health a.ic< 1•1e Indian Council of Medical Research col-
                laborate with the Institute to work out the same.

            Pursuant to our observations the Ministry of Health appears to
B    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
    ·core a cadre could be built up. The Helath Ministry has no objection to
     a core cadre of researchers being created. The Indian Council of Medi-
     cal Research ('ICMR' for short) is actually the organisation set up for
     the research purposes and as we gather the Union of India in the
c    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
D    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
     nr other bodies.
E
          No consideration has been given as to why the drug manufac-
    turers in India who have engaged themselves in a very lucrative trade
    should also participate in research programmes. 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          ,'
F   be evolved by which established drug manufacturers could be required
    to participate in such programmes by supporting particular research
    projec.ts which the monitoring body could allot. Continuing research
    not only keeps up the level of knowledge but also helps the enhance-
    ment of efficiency of treatment of diseases and in the matter of provid-
    ing relief to the patients.
G
          Mr. Venkataramani seriously presses before us that the resear-
    chers should have some scheme where within two to three years they            •
    could-as in other Government service-be made permanep.t 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
H   cadre of the type Mr. Venkataramani argues about. In fact projeet-
                          DR. V.P. CHATURVEDI '· U.0.1.                  599

      wise research helps to generate better efficien_cy than caderiscd
      research organisation. Once service guarantees are provided and
      security of service is available, the flow of inspiration from within
      perhaps slows down. We had, therefore, 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.                                                            B

            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     c
      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 program-    D
       mes 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 be continued upon availability of its programmes but
       those was have put in longer periods may be absorbed in available
     . vacancies. We are aware of the stand taken by Committee that re-         E
       searchers may be treated as in service candidates when regular vacan-
       cies occur for absorption. This_ has our approval.

)_         We adjourn these matters by two months to receive a com-
      prehensive response from the Union Government in the Health
      Ministry so that we would have the opportunity of examining the com-      F
      prehensive scheme and then make a final order.                ·

             Call on 4.10.1991.

      G.N.                                                Matters adjourned.