R.A. Sharma ,D.K. Seth. - (1.) The petitioner who has appointed as Pool Officer on 14th June, 1988 under the Scientists Pool Scheme of the Council of Scientific and Industrial Research, hereinafter referred to as 'C.S.I.R.' for the same of brevity, for one year which stood extended twice in succession, moved this writ petition being aggrieved on account of refuse by C.S.I.R to extend his appointment beyond these years. Mr. K. N. Tripathi learned counsel for the petitioner, challenged the inaction of the C.S.I.R in refusing to extend the petitioner's appointment on the ground that the restriction of the period of three years stipulated in the scheme is arbitrary and unreasonable in view of the National Educational Policy and the recommendation of Yaspal Committee. According to him, the limitation imposed is in essence an exploitation of scientific talent. He contended secondly that the Scheme as framed being a continuous one. it was wholly illegal and unreasonable to discontinue the service of the petitioner on account of limitation of the period stipulated in the scheme inasmuch as the Scheme itself being a project discontinuation of service despite the project being continuing is illogical and illegal and contrary to the National Education Policy vis-a-vis the development of scientific research in the country itself Learned Counsel laid much stress in order to support his contention on various paras particularly Item 18 of Chapter V of the National Policy of Education Action Plan and Paras 4 and 5 of Section 1 of Chapter XI and Para 6 (A) (1) (2) (5) (B) (7) (9) and (C) (12) and Paras 2, 6, 7, 8, 9, 11 and 18 of Section 3, Chapter XI of the National Policy of Education, 1986. Relying on the policy contained in the Auction Plan it is contended that the principal object was to improve higher education and scope for research activities in the field of scientific and Industrial research in a systematic manner in co-operation with research institutions outside the University system, maintain close contact with first class researchers in frontier areas of Science and Technology (S and T for brevity's sake). It go recommended setting up of Co-operative research facilities in the University Sector, locate most of the research institutes to be set up in future in the Universities with appropriate autonomous management structure, encourage industries to set up most of their research activities in the University sector, foster formal links with various research agencies to link education with research and to identify tasks that could be undertaken within the university system. He contended, relying on the said action Plan that the best talent with the potential to be leaders of S and T were being lost either to opportunities available abroad or to other areas of endeavour in the country and there is need for determined effort to attract some of the best amongst the students to take to research as a career. Therefore, according to him, three years' limitation contained in the scheme under which the petitioner was appointed is arbitrary, unreasonable and is in essence an exploiting Scheme, The learned counsel drew our attention to Annexure '1' to the writ petition being the 'Scientists' Pool Scheme of the CSIR. In order to draw the comparison of the facilities available to the cadre or U.G.C, Research Scientists in Indian Universities he referred to the guide lines of the said cadre which is Annexure '1' to the petition and contended that the same principle should be followed in the case of Scientists' Pool Scheme as well and the three years limitation imposed in the said scheme is contrary to the said guideline. On this background, he contended that the order contained in the letter dated 12th June 1990 and 8th August 1991, Annexures '6' and '9', should be quashed and that the petitioner should be allowed to continue with his appointment till the petitioner attains the age of superannuation or any other suitable alternative job is made available to him and also for a direction upon the Ministry of Human Resource Department. Department of Education to create National Research Cadre and provide uniform job policy to all the young scientists and researchers.
(2.) In course of his argument, Mr. Tripathi drew out attention to Annexure '2' to the writ petition which is an information and application proforma of Scientists, Pool Scheme effective from 1st January 1991 under the CSIR, Human Resource Development Group, Division for Scientific and Technical Personnel in order to appreciate the contention of Mr. Tripathi, it is necessary to refer to the relevant portions of the same Scheme as quoted below : Scientists' Pool Scheme : (1) The Scientists Pool Scheme is primarily meant to provide temporary placement to highly qualified Indian scientists, engineers, technologists and medical personnel returning from foreign countries who are not holding any employment in India. Persons, who have not been abroad end possess outstanding academic record and have not been able to secure regular employment, are also eligible for selection Persons with high qualifications in social sciences of Humanities, with experience in a subject area relevant to science and technology, are also considered for selection, but their number at any time in limited to forty. (3) Pool placement is not a regular appointment, but is in the nature of a temporary facility to enable a Pool Officer to do research/teaching in India while looking for a regular position. Pool appointments are for a period of three years only. (4) The maximum ago limit for appointment in the Pool shall be forty years as on the date of receipt of the application in the Division The age limit for reappointment in the Pool shall also be forty years as on the date of receipt of the application in the Division. ......... ........... ....... (9) The basic pay of a Pool Officer is fixed between rupees 2 200 and 6,300 per month, depending upon qualifications, experience, research publications, and performance in the interview. In addition, he is entitled to the allowances admissible to employees of CSIR. The Basic pay fixed is final. No revision thereof is possible, except in exceptional circumstances, only In respect of those who are selected in absentia. No annual increments are allowed during the Pool tenure. The total gross emoluments would be approximately in between Rs. 3,600 and Rs. 9,300 per month. The pay of a Pool Officer will be credited to the account of the organisation with this he is placed, and this organisation will disburse pay to the Pool Officer, (10) The tenure In the Pool, fixed at the time of Selection, is far a limited period of three years. No extension of the tenure is granted. Continuation in the Pool from year to year, during the tenure, is based on progress Reports on the performance of work and confidential Reports obtained periodically from the institution of placement. (11) Persons selected to the Pool are placed in universities and other institutions of higher education, national laboratories, other R and D organisations. Central and State Government departments, public sector undertakings, and State Councils of Science and Technology. Pool Officers in the ares of medical sciences are not attached to private hospitals and private clinics. It is the responsibility of the selected person to contact the Heed of the institution where he wishes to be placed and get his concurrence in writing for submission to CSIR. On receipt of concurrence, placement order would be Issued. However, CSIR reserves the right to place a Pool Officer In an institution of its choice, and its decision in the matter is final. (12) The nature of work or duties of a Pool Officer will be primarily research and teaching. In addition, depending on the organisation of their placements, they may engage in development and design work or some other kind of professional work. (13) The results of a Pool Officer's work may be published in standard referred journals, acknowledging the Pool Scheme of the Government of India. A Pool Officer is expected to send copies of reprints, preprints and manuscripts to CSIR. ....... ............ ....... 16. Pool Officers should apply for regular positions in India suitable to their qualifications and experience, and leave the Pool as early as possible. Phool Officers who join ad hoc/temporary assignments during their tenure in the Pool are allowed, on request, leave without pay on secondment basis, up to a period of one year. However, the secondment period is treated as part of the Pool Officer's tenure. Names of Pool Officers are also forwarded against specific enquiries from employing organisations received in CSIR.
(3.) Drawing our attention to para 4, learned counsel for the petitioner contended that the age limit having been fixed at forty years, it is not possible after three years when a candidate becomes forty three years old to have any chance for appointment on account of over-age and that on account of such engagement or appointment, he is prohibited from taking up any other job during the continuation of the appointment. Though dressed In a loose fashion but the appointment is a complete one which exploits the talent of the candidate and then throws him off as so an the need is over as a private Institution which state cannot do through its own department.;