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2020 Supreme(Kar) 1639
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S. Sujatha, J.
Kiran P - Appellant
Versus
Raja Rajeshwari Medical College And Hospital - Respondent
Writ Petition No. 796 of 2018
Decided On : 04-11-2020
H.C. Shivaramu, Advocate, Chandrakanth R Goulay, Advocate, N. Khetty, Advocate, A.R. Sharadamba, Advocate, N.K. Ramesh, Advocate
Compliance with MCI regulations, particularly Regulation 13.3, is mandatory for medical colleges in paying stipend to post graduate students.
Headnote:
stipend - dispute between medical college and post graduate students - MCI Post Graduate Medical Education Regulations, 2000 - Regulation 13.3
Fact of the Case:
The dispute arose from the demand of Rs.1,50,000/- per year towards clinical fee and non-payment of stipend to the petitioners who were pursuing post graduate courses in a medical college. The college denied stipend, claiming the petitioners did not comply with the regulations.
Finding of the Court:
The court found that the college failed to comply with Regulation 13.3, which mandates payment of stipend to post graduate students. The court also dismissed the college's argument regarding the petitioners' attendance shortage, considering the ongoing dispute and the MCI's stance.
Issues: Dispute over stipend payment and attendance shortage, compliance with MCI regulations, and the college's conduct towards the petitioners.
Ratio Decidendi: The court held that the college must comply with Regulation 13.3 and pay stipend to the petitioners, disregarding the college's objections and ongoing dispute.
Final Decision: The court directed the college to pay stipend to the petitioners in accordance with Regulation 13.3, deducting any fees owed, and allowed the parties to approach the Admission Overseeing Committee for fee disputes.
JUDGMENT
S.Sujatha, J. - Though the petitions were filed by 25 petitioners seeking for various reliefs, now the writ petitions are restricted to petitioner Nos.1 to 3 relating to payment of stipend to them who were pursuing post graduate courses in the respondent No.1- Rajarajeshwari College.
2. Petitioner Nos.4 to 25 have filed affidavits stating that the lis between them and the college has been amicably settled in relation to withdrawal of the amount and also payment of stipend and therefore, they do not wish to prosecute the writ petitions. The said affidavits are placed on record. Accordingly, the writ petitions filed by the petitioner Nos.4 to 25 stand dismissed as withdrawn.
3. Now the dispute is restricted to the claim made by the petitioner Nos.1 to 3 for grant of stipend in accordance with the Rules and Regulations of the State Government and the MCI Post Graduate Medical Education Regulations, 2000 ('Regulations' for short).
4. The petitioner Nos.1 to 3 were admitted to post graduate studies in different subjects under the institution of respondent No.1-The Rajarajeshwari Medical College at Bangalore for the academic year 2017-18.
5. The genesis of the dispute relates to the alleged demand of Rs.1,50,000/- said to have been made by the respondent No.1 college towards clinical fee per year for three years academic course for the purpose of uploading the synopsis to Rajiv Gandhi University of Health and Science and non-payment of stipend to the petitioners 1 to 3 ('petitioners' for short). In view of the submissions made by the learned counsel for the respondent No.1 college that they would not demand such fee of Rs.1,50,000/- per year towards clinical fees from the present petitioners, the controversy now boils down to the grant of stipend to these petitioners.
6. The gist of the objections of the respondent No.1 college is that the petitioners have rushed to this court invoking Articles 226 and 227 of the Constitution of India without availing the alternative remedy for the relief of direction under Section 5(8) of the Karnataka Professional Educational Institutions (Regulations of Admission and Determination of Fee) Act, 2006 (Karnataka Act 8 of 2006). The order passed under similar circumstances by the Overseeing Committee is the subject matter of W.P.No.4244/2018 filed by the respondent-college as petitioner therein, and the same is pending before the Division Bench. The challenge made to the Regulations 13.3 of the MCI Regulations is pending before this Court. NOC could be issued from the college/institution to the students to submit thesis subject to fulfilling of MCI regulations viz.,
(a) 80% attendance during each calendar year;
(b) under clause 13.9 of the PG Regulations, a PG student of a P.G. degree course in broad specialties/super specialties would be required to present one poster presentation, to read one paper at a national/state conference and to present one research paper which should be published/accepted for publication/sent for publication during the period of his postgraduate studies so as to make him eligible to appear at the postgraduate degree examination;
(c) to work as full time resident as per clause 13.2 of PG Regulations, 2000 (Amendment 2018) which states that "candidates joining the PG training programme shall work as Full Time Residents during the period of training, attending not less than 80% of the training during each calendar year and given full time responsibility, assignments and participation in all facets of the educational process";
(d) As per RGUHS Regulations and Curricula for PG Degree and Diploma courses in Medical Sciences, 2000, students atleast should present four journal club for every year and total 12 presentations in three years;
(e) As per clause(2) of RGUHS Regulations and Curricula for PG Degree and Diploma Courses in Medical Sciences, 2000, "Journal club -recommended to be held once a week, all the PG students are expected to attend and actively participate in
