POST DOCTORAL RESERCH ASSOCIATION OF S V UNIVERSITY DR K KRISHNA REDDY Vs. UNION OF INDIA
SUPREME COURT OF INDIA (FROM: DELHI)
POST DOCTORAL RESEARCH ASSOCIATES OF S.V. UNIVERSITY, DR. K. KRISHNA REDDY
UNION OF INDIA
Click here to view full judgement.
Rajendra Babu, J. -
(1.)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 and 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.
(2.)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.
(3.)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.
Copyright © Regent Computronics Pvt.Ltd.