S P THIYAGARAJAN PROF IN MICROBIOLOGY POST GRADUATE INSTITUTE OF BASIC MEDICAL SCIENCE TARAMANI Vs. DR T SUNDARARAJ READER IN MICROBIOLOGY POST GRADUATE INSTITUTE OF BASIC MEDICAL SCIENCE

JUDGEMENT

(1.) APPELLANT before us is the Professor of Microbiology (Virology) in the post graduate instituted of Basic Medical Sciences, University of Madras: He Obtained first rank in M.Sc. in the University of Madras in 1968 and obtained Ph.D. in Microbiology in 1979. He entered into Tamil Nadu Medical Service in August, 1969 worked as Tutor, later as an Assistant Professor in the Madras Medical College and Stanley Medical College. He was selected and appointed as Reader in Microbiology in the post-graduate Institute of Basic Medical Sciences of the University of Madras on 25th September, 1982 and was the Officiating Head in charge of the department in 1986 -87 till he was, pursuant to the selection made on 18.2.1987, appointed as Professor of Microbiology (Virology). It is that appointment that was called into question by his colleague Dr. Sundararaj in Writ Petition No. 4194 of 1987. that writ petition having been allowed, the present writ appeal has been filed.

(2.) WE may mention here that the Writ Petitioner Dr. Sundararaj, who had obtained Master's degree in Microbiology in 1970 was appointed as Lecturer in the Post-Graduate Institute of Basic Medical Sciences in the year 1977. He obtained his Doctrate in 1979. He was not selected to the post of reader at the selection that was held in 1982, appellant having been selected to that post. He was promoted as reader in the year 1985 under the Career Development Programe, and was holding that position when applications were called for the post of professor of Microbiology (Virology). WE may also mention here that the Professor under whom both these persons were working was Dr. S. Subramanaian, who was the Professor and Head of the Department of Microbiology until his retirement in March 1986. Even after retirement, his association with the department continued, he having been appointed as Emeritus Professor.

(3.) DURING the pendency of this writ appeal, which has unfortunately been pending for a long period of thirteen years, the Appellant Thyagarajan acquired the degree of Doctor of Science in Microbiology from Madras University in 1990. He was also been the recipient of numerous awards both national and international. He is the discoverer of a drug for a serious type of jaundice called Hepatitis in B extracted from the Indian Medicinal Plant Kizhanelli, Phyllanthus amarus. Patent was obtained for the discovery in the name of the University of Madras. This achievement of the appellant was highlighted in the Welcome Address and Report given by the Vice Chancellor at the 142nd Annual Convocation held in 1999. In his speech it is noted that for the first time in the history of the University of Madras, an Indian/International patent has been filed in the name of University of Madras for the discovery of a drug formulation for the treatment of a severe jaundice causing Hepatitis B Virus, from the Indian medicinal plant, Phyllanthus amarus, commonly called Kizhanelli by professor S.P. Thyagarajan of the Department of Microbiology, which has received international recognition and acceptance. It was also stated by the Vice Chancellor that this discovery has been taken over for commercialization by Indian and International Pharmaceutical companies with financial benefits to the University and that the drug is expected to be launched in the market during March, 2000. The appellant appears to have published 222 Research Publications of which 153 are in the field of Virology. 15 students have been awarded Ph.D. degrees under his guidance. 40 have been awarded M.Sc. 28 have been awarded M.D. and 7 are said to be undergoing Ph.D. training. He has also attended numerous international collaborations in his field of study and received several awards for the Research Projects by way grants given by Indian and Foreign Institutions.