SHEILA ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition petitioners 1 to 11 seek their regularisation of service from the date of their respective initial appointments in running scales along with consequential benefits as applicable to the regular appointed scientists employed by respondent 2. All India Institute of Medical Sciences (for short 'AIIMS'). Petitioner No. 12. whose services had been terminated before filing of the writ petition, has sought for quashing of the order of cermination dated 28-12-1989 and thereafter for regularisation of her services in the permanent cadre of respondent No. 3, Indian Council of Medical Research (for short "CMR"), It has further been prayed for that fair and just schemes should he formulated for research scientists for their regularisation of their services and giving them employment.

(2.) The All India Institute of Medical Sciences has been set up under the All-India Institute of Medical Sciences Act, 1956 (here inafter referred to as the "Act"). Section 13 of the Act refers to the objects of the Institute which shall be (a) to develop parents of teaching in undergraduate and pesigraduate medical education in all its bunches so as to demonstrate a high standard of medical education to all medical colleges and other allied institutions in India; (b) to bring, together in one place educational facilities of the highest order for the training of perscnnel in all important branches of health activity; and (c) to attain self-suffrceiency in postgraduats medical education. With a view to the promotion of the Objects specified under Section 13 of the Act, the Institute under Section 14 of the Act may. inter alia, (a) provide for undergraduate and postgraduate teaching in the science of modern medicine and other allied sciences, including physical and biological sciences; (b) provide facllities for research in the various branches of such sciences; (c) provide for the teaching of humanities in the undereigraduate course; (d) condurt experiments in new methods of medical education, both undergaduate and postgraduate, in order to arrive at satisfactory standards of such education ; and (e) prescribe courses and curricula for both undergraduate and postgraduate studies Since the inception, the Institute has taken up thousands of research projects and has contributed trenendously by was of variou research conducted by its staff in the field of medical sciences and for carrying out its research programmes the institute has been employing employees both on regular and temporary basis the various cigarisations including WHO. ICMR, Department of Science & Technogy (for short 'DST') and other world renowned organisations from time to time send their requisitions and funds to the Institute to carry out various specified researches in various fields as per their requirements. As a matter of fact the members of the faculties engaged in the matter of research are the regular employees of the Institute while the other Research scientists are appointed by the Institute in the projects in accordance with the directions of the Funding Ageencies. The practice so far has been that a Researcher is appointed to a project funded by a Funding Agency on ad hoc basis and the employment cannot last beyond the termination of the project. The Researchers on termination of one project keep on applying for being employed in another projects available at that time and they are absorbed as well depending upon the availability of a vacancy in a project to which the applicant is found to be suitable.

(3.) The petitioners arc qualified Bilomedical scientists working on various research projects largely sponsored by Indian Council of Medical Research (for short 'ICMK') (respondent No. 3) for long perieds ratiging from 3 to 12 year on ad hoc or temporary basis. Out cf these 12 petitioners, six petitioners are holding the Degree of Doctorate (Ph.D.), four are professioral MBBS doctors and the two arc M.Sc. The details of perids, projects and the qualifications cf the petitioners are rferred to in a Chart annexed with the petitien from Annexure P-l to P-12 although certain details are displaced by the respondents. Petitioners 1 to 11 were employed by the All India Institate of Medical Sciences (hereinafter-referred to as the Institute') vvhercas petitioner No. 12" was employed with by a permaaent institute IRMS of ICMR- The petitioners had been appointed against their posts on ad hoc basis initiafly for a period of six months which term was extendad from time to tune and in this process most of the petitiners are now in the age group of 32 to 48 years and have now crossed the age limit for most of the Government jobs and thereby lost opportunities for employment in permanent cadres/posts. The petitioners being the highly qualified Biomedical scientists have made valuable contributions to various research projects in Biomedical and allied fields with national and international recognitions. Their specialised experience in vital areas of human health has valuable potential. According to them, various research work in which they have werked have been identified by the World Health Organisation (for short WHO) to be of immense value and relevance to the advancement of Biomedical disciplines in particular and towards achieving the goal of India's commitments as "Health for all by 2000 A.D." in its National Health Policy's manifesto. Similarly, the objects for which the ICMR has been established have beta set out in the Meoaorandum of Association of the ICMR which provides for, inter alia, (a) the prosecution and assistance of research, the propagation of knowledge and expeimenal measures genally in connection with the causation, mode of spread, and prevention of diseases, primarily those of communicable nature; (b) to initiate, aid, develop and coordinate medical scientific reseach in India and to premote and assist institaitions for the study of diseases, their prevention, causation and remedy.