SUPREME COURT OF INDIA (FROM: KARNATAKA)
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Ruma Pal, J. -
(1.)The question in these appeals is whether, K. Shekar, the appellant in C.A. No. 355 of 2000 (referred to as the appellant hereafter) is entitled to continue as Additional Professor in the National Institute of Mental Health and Neuro Sciences (NIMHANS). The appellant was initially appointed as Lecturer. The post of Lecturer was re-designated as Assistant Professor pursuant to the 4th Pay Commission. During the pendency of the proceedings, he has been promoted as Associate Professor on 30th June, 1992 and thereafter as Additional Professor with NIMHANS w.e.f. 1st July, 1996. Both the single Judge and the Division Bench of the Karnataka High Court, on an application under Art. 226 filed by the respondent No. 1 have held that he had no such right. This decision has been impugned before us not only by the appellant but also NIMHANS by way of a separate appeal.
(2.)The relation of facts can start with 1984 when the Indian Council of Medical Research (ICMR), New Delhi undertook to set up a project in major institutions and medical colleges for developing advanced research. The Council laid down several conditions subject to which such centers were to be set up, the relevant clause (wherein ICMR is referred to as the Council) being :
"The host institution must undertake to provide the necessary basic facilities for carrying out medical research for a period of at least 5 years. The host institutions are expected to take over the Centres from the Council after the stipulated period when the Council's support has been withdrawn.
(3.)One such Advanced Research Centre was set up at NIMHANS by ICMR which came to be known as the ICMR Advanced Research Centre on Community Mental Health. The appellant was appointed in the Centre as Research Officer in December, 1984.
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