DURGA PRASAD MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner alleges to have invented a technology for production of heavy water which will be used in nuclear reactors for the production of nuclear energy. According to the petitioner the process developed by him is very cost effective and it would enable the production of heavy water at virtually no cost at all because the by-product is distilled water, which can be sold and the proceeds of which would reduce the cost of conversion.

(2.) He had been communicating with the Government of India, Ministry of Science and Technology in respect of the alleged technology developed by him in view of the provisions of Section 20(4) of the Atomic Energy Act, 1962, which requires that any person, who has made an invention, which he has reason to believe relates to atomic energy, shall communicate to the Central Government, the nature and the description of the invention. Apart from this, the petitioner, after having communicated to the Central Government, the nature and description of the invention, also sought assistance under the Technopreneur Promotion Programme of the Central Government whereby inventors are given certain benefits and financial support. By a letter dated 11.12.2006 issued by Mr B. N. Sarkar, Scientist-'E', Government of India, Ministry of Science and Technology, Department of Scientific and Industrial Research, Technology Bhawan, New Mehrauli Road, New Delhi, the petitioner was informed that his proposal was discussed during the 77th Technology Screening Committee held on 14.11.2006 and the said Committee observed that heavy water is a controlled/regulated item by Government of India for their exclusive use and that experimentation pertaining to such proposals cannot be permitted for research/ exploitation by the individuals for its industrial use. In view of this, the proposal of the petitioner was considered to be beyond the purview of the Technopreneur Promotion Programme and the Committee recommended the closure of the present proposal.

(3.) It is the contention of the learned counsel for the petitioner that it was never his intention to put the heavy water produced employing his technology for private industrial use. He wanted that the same be utilized by the Government for the benefit of India at large. He submits that since the Central Government has not evinced any interest in his technology and has closed his proposal, he may be permitted to apply for a patent abroad for the invention.