DR. V.P. CHATURVEDI AND ORS. versus UNION OF INDIA AND ORS.

Citation: [1991] 3 S.C.R. 595 · Decided: 14-08-1991 · Supreme Court of India · Bench: RANGANATH MISRA, M.H. KANIA, KULDIP SINGH · Disposal: Hearing Adjourned

Judgment (excerpt)

DR. V.P. CHATURVEDI AND ORS. 
v. 
UNION OF INDIA AND ORS. 
AUGUST 14, 1991 
[RANGANATH MISRA, CJ., M.H. KANIA AND 
KULDIP SINGH, JJ. ! 
Civil Services: Researchers in medical institutions-Providing 
security of service to those who have put in long period of research 
work-Building up of core cadre-Absorption in the cadre on regular 
basis-Directions issued. 
Public Health: Need for continuous research in the treatment of 
diseases-Participation of established drug manufacturers-Scheme 
suggested. 
A 
B 
0 
In the present petitions filed before this Court, the petitioners, 
D 
Research Scholars connected with Projects entrusted to different 
institutions, prayed for security of employment and improvement of 
conditions of service. In the earlier writ petitions this Court indicated 
that those who have put in 15 years of research work should be 
immediately regularised and that a core cadre he built up. The Respon· 
dents undertook to submit a comprehensive scheme and this court 
E 
granted two month's time to the Respondents to file the same. 
Passing interim orders pending examination of a comprehensive 
scheme to be submitted by the Respondents, this Court, 
HELD: 1. The Indian Council of Medical Research (I.C.M.R.) is 
F 
actually the organisation set up for research purposes and the Union of 
India meets the expenditure on research by funding. This Court does 
not have the adequate technical knowhow but. is 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 
G 
better terms of employment. All the Institutes where research is carried 
·on may not be at the National Capital. Hence a small monitoring unit 
requires to be set up which would finalise the various research projects 
well in advance and receive offers of projects from organisations like 
World Health Organisation or other bodies. [598B· DI 
595 
H 
A 
B 
c 
D 
E 
596 
SUPREME COURT REPORTS 
[1991] 3 S.C.R. 
2. No consideration has been given as to why the drug manufac· 
turers in India who have engaged themselves in a very lucrative trade 
should also participate in research programmes. Quality of work in 
research institutes specialised in their fields Is hound to be better than 
research carried on by the manufacturers themselves. A scheme could 
be evolved by which established drug manufacturers could be required 
to participate in such programmes by supporting particular research 
projects which the monitoring body could allot. Continuing research 
not only keeps up the level of knowledge but also helps the enhancement 
of efficiency of treatment of diseases and in the matter of providing 
relief to the patients. [S98E-GJ 
3. Once service guarantees are provided and security of service is 
available, the flow of inspiration from within perhaps slows down. 
However, there is no objection to a core cadre being built up and if the 
Health Ministry is of the view that there should be a core cadre, it can 
quickly set up the same and such of the researchers who have put in 
more or less continued period of work could be brought into .the cadre 
at the first instance on regular basis. The Committee which the Union of 
India has to set up may look into this matter more thoroughly and give 
shape to the idea. [S99A·Cl 
4. The Patel Chest Institute seems to be more or less a permanent 
feature and researchers therein may be continued against the program· 
mes available. The funding of course has to be ultimately done by the 
Health Ministry and the manner of funding may be determined by it. 
The researchers who have worked in the All India Institute of Medical 
Sciences should be continued upon availability of its programmes but 
those who have put in longer periods may be absorbed in available 
vacancies. The stand taken by Committee that researchers may be 
F 
treated as in-service candidates when regular vacancies occur for 
absorption, Is approved. [S99D, E] 
G 
ORIGINAL JURISDICTION: Writ Petition No. 917 of 1990. 
(Under Artice! 32 of the Constitution of India). 
(With I.A. Nos. 1-3/90 in Writ Petition (Civil) No. 9/88 and 
Contempt Petition No. 45/91 in Writ Petition (Civil) No. 602/90). 
S.K. Bhattacharya and R. Venkataramani for the Petitioners. 
H 
Altaf Ahmed, Aclditional Solicitor General, S.K. Mehta. A. 
·--"' 
DR. V.P. CHATURVEDI v. U.0.1. 
597 
Mariarputham, Ashok 

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