Ghanshyam Chauhan vs H.P. University

Anoop Chitkara, J

Seeking a direction to Himachal Pradesh University to release the grant-in-aid handed over to it by the Council of Scientific and Industrial Research

for Novel Total Biomass Based Hydrogels for Specialty Applications, initiated by the petitioner, the petitioner, who had worked as Professor of the

University, has come up before this Court.

I have heard Mr. Sanjeev Bhushan, Senior Advocate assisted by Mr. Rajesh Kumar, Advocate for the petitioner and Mr. Surender Verma,

Advocate for the respondent-University and have also gone through the record.

The petitioner, who worked as Professor of Chemistry, Himachal Pradesh University, superannuated on 30th June, 2017. After that he applied for

CSIR-Emeritus Scientist Scheme vide Annexure P-1, dated 3.1.2017. Subsequently, as a condition precedent to such scheme, the petitioner filled up

declaration Annexure P-2, dated 3.1.2018. The Vice Chancellor of H.P. University also counter signed the same by putting his signatures and seal.

Based on the application and declaration, the Council of Scientific & Industrial Research approved the Novel Total Biomass Based Hydrogels for

Specialty Scheme of the petitioner vide communication dated 24th May, 2019 (Annexure P-3. As per the terms of the offer, the petitioner was entitled

to receive a sum of Rs.8,60,000/- , out of which Rs.3,60,000/- was for the staff. To continue the research, the petitioner appointed Senior Research

Fellow/Research Assistant on 4.12.2019.

The bone of contention, which the respondent-University is raising, is primarily their concern that this Senior Research Fellow/Research Assistant

appointed by the petitioner might claim employment benefits from the respondent-University. After the previous grant-in-aid, CSIR sanctioned further

grant of 8,04,000/- vide communication dated 20th October, 2020, Annexure P-15.

The grievance of the petitioner is that now the grant issued on 20th October, 2020, shall be released only when the money given in the previous

grant is utilized by the petitioner. He states that he has already associated a research fellow because the University has not released the grant to him,

as such he could not pay to him. His further contention is that lot of expenditure he has born out of his own pocket. A perusal of Annexure P-3, dated

24th May, 2019, reveals that the grant for the research came from the Council of Scientific & Industrial Research. The respondent-University has not

to spend even a single penny. As far as the apprehension Senior Research Fellow employed by the petitioner would claim employment benefits from

the respondent University is concerned, it is absolute misconception of the respondent because neither the respondent offered him employment nor

entered any kind of contract with him. Generally while doing research, the Scientist employed Research Associates. Those are not employments, but

fellowships. To close the apprehension of the respondent-University, this Court clarifies that the release of grant shall not extend any right on the said

research fellow to clam any kind of benefit from the respondent-University except experience certificate, which would be given by the petitioner and

none-else.

In the above analysis University has no business to sit over the funds advanced by CSIR for research purpose. It is strange that instead of

promoting the research, University has hampered it.

Given above, the respondent-University is directed to release the funds received by it vide Annexure P-3 dated 24th May, 2019 from the Council of

Scientific and Industrial Research within a week from today. It is further clarified that all future funds received through CSIR shall also be released

without any delay. In the noting sheet of the file created for release of aforesaid grant, every officer/official, dealing with it, shall mention date and

time below his signatures so that in case of any delay, responsibility can be fixed. Pending application(s), if any, are closed.