V P CHATURVEDI Vs. UNION OF INDIA
LAWS(SC)-1991-8-18
SUPREME COURT OF INDIA
Decided on August 14,1991

V P Chaturvedi Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) The main application is under Article 32 of the Constitution 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 proceedings 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.
(2.) In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on 22/03/1990. 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 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 Organization, the Indian council of Medical Research and other government and semi-government bodies. It is appropriate that 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. It is quite possible that certain projects would require specialised hands and on such occasions a special team could beset 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 Chandigarh 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 Institute initiates serious 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. "
(3.) 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 years of research work should immediately be regularised and a core 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 setup 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 know how 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 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.;


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