DR. V.L. CHANDRA AND ORS. ETC. versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.

Citation: [1990] 2 S.C.R. 104 · Decided: 22-03-1990 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
DR. V.L. CHANDRA AND ORS. ETC. 
v. 
ALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS. 
MARCH 22, 1990 
[RANGANATH MISRA, M.N. PUNCHHI AND 
K. RAMASWAMY, JJ.] 
All India Institute cf Medical Sciences Act, 1956: Sections 13 and 
14-A. I. I. M. S. -Research Projects-Researchers---Termination of 
services on completion of Project-Scheme to be evolved to build up 
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team of Researchers to meet general requirements of research-Con-
tinuous Research Projects to be sponsored-Employment to be pro-
vided to the Researchers-Directions issued. 
Constitution of India, 1950: Article 32-Researchers employed 
by A.l.J.M.S.-Completion of project-Services terminated-Resear-
D chers to be provided employment-Direction issued. 
The Petitioners were employed by the respondent-Institute for 
carrying out assignments of research projects undertaken by the Insti· 
tute. The employment of three of the four petitioners was terminated. 
The petitioners fI!ed Writ Petitions in this Court alleging that they were 
E continuously employed for more than 10-15 years and had reached an 
age in life where they were no more entitled to enter into Government 
service or any other suitable employment and, with the deprivation of 
their employment they were deprived of the source of sustenance and 
the nation of their useful service, as they had picked up requisite 
expertise which would be useful in carrying out any normal research 
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project. 
In the common affidavit filed on behalf of the respondents, the 
respondent-Institute stated that the employment was project-wise, and 
once the project was complete, the job came to an end, and the services 
of the petitioners were no longer required in the absence of any research 
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project, and that the fortuitous circumstances of continuous engage-
ment did not confer any right on the petitioners to be in continued 
employment even when no research project was in hand. 
Disposiqg of the petitions, this Court, 
H 
HELD: The All India Institute of Medical Sciences set up by· 
104 
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V .L. CHANDRA v. A.1.1.M.S. 
105 
statute is intended to carry on research in a continuous way to improve 
the level of medical knowledge. The Institute is entrusted from time to 
time with research projects by the World Health Oganisation, the 
Indian Council of Medical Research and other government and semi-
government bodies. Therefore, a scheme should be evolved by the Insti-
tute 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. Certain projects would quite possibly 
require specialised hands and on such occasions a special team could be 
set 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. [ 1088-C J 
The Health Ministry must also sponsor continuous research pro-
jects 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 medial information and knowledge, apart from building up a 
scientific tone and temper for general circulation. IIOSD-E) 
The Institute should initiate seriously action in this regard with-
out delay and the Ministry of Health and Indian Council of Medical 
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B 
c 
D 
Research should collaborate with the Institute. I J08EJ 
E 
Since the respondent-Institute has immediately no scope to 
employ the petitioners, excepting the one already retained, the remain-
ing three petitioners should be provided employment either as Resear-
chers or in any suitable alternative employment until their inclusion in a 
team of researchers is considered. The Indian Council of Medical 
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Research should take appropriate steps to offer adequate employment 
to the three petitioners within two months hence. If necessary, the 
Ministry of Health should cooperate and place adequate funds at the 
disposal of the Indian Council of Medical Research: I 108F-HJ 
ORIGINAL JURISDICTION: Writ Petition Civil Nos. 999 of 
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I988 and 1043 of I989. 
(Under Article 32 of the Constitution of India). 
R.K. Jain, Rakesh K. Khanna, Ms. Sangeeta Manda!, Surya 
Kant and R.
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