RASHMI PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned counsel for the respondent contends that SLP No. 13948/2003 titled Council of Scientific and Industrial Research and others Vs. Ramesh Chandra Aggarwal and another, has since been decided and is also reported as (2009) 3 SCC 35. In the said appeal before the Supreme Court, the apex court was concerned with the scheme framed by the Council of Scientific and Industrial Research and others pursuant to the directions of the Central Administrative Tribunal and the Supreme Court contemplating absorption of only those researcher who had put in 15 years of such continuous research as Fellow/Associate/Project Associate as on 2nd May, 1997.

(2.) The cut-off dated 2nd May, 1997 was challenged before the High Court as being arbitrary which plea was accepted by the High Court holding that scheme should have covered all the researcher up to date of the circulation of the scheme i.e 3rd July, 1998. The plea of researcher that the period of 15 years prescribed in the scheme was arbitrary because ordinarily the tenure of the researcher on various positions was 13 years and consequently the scheme was unreasonable as only two chances were given for submitting the application for regularization was also accepted by the High Court. The apex court, thereafter, has, however, reversed the decision of the High Court, and has held that the State is entitled to fix the cut-off date and such decision can be struck down only when it is arbitrary. The Supreme Court, in the circumstances, has upheld the scheme which was framed by Council of Scientific and Industrial Research pursuant to the order of Central Administrative Tribunal and the Supreme Court.

(3.) The relevant paragraphs- paras 33, 34 and 43 of the Supreme Court Judgment are as under:-