Back
2004 Supreme(Del) 1195
High Court Of Delhi
VISHAL SEHGAL - Appellant
Versus
SECRETARY (HEALTH) - Respondent
C.W. 3742 of 2001
Decided On : 12/18/2004
GEETA LUTHRA, KAPIL K.CHOUDHARY, Meenakshi Dogra, RATTAN LAL, SANJEEV AHUJA, T.R.AHDYARUAJINA
The court held that the term imposing an unpaid course for DNB students was unconscionable and void, and directed the respondents to decide on the amount of stipend payable and the period for which it is payable as early as possible and applicable across the board to all institutions under the administrative control of respondent Nos. 1 and 2 and accredited to the NBE.
Headnote:
Stipend - Medical Education - [Section 16, Contract Act, 1872; Article 14, Constitution of India] - The court held that the term imposing an unpaid course for DNB students was unconscionable and void, and directed the respondents to decide on the amount of stipend payable and the period for which it is payable as early as possible and applicable across the board to all institutions under the administrative control of respondent Nos. 1 and 2 and accredited to the NBE.
Fact of the Case:
The petitioners, doctors undertaking a Diplomate of National Board (DNB) course, sought payment of a salary/honorarium for the practical work they were doing while undertaking the course. The National Board of Examinations (NBE) had established a mechanism for imparting non-formal teaching in higher medical education and had advertised the DNB course as unpaid. Petitioner No. 1 joined the DNB course with respondent No. 3, knowing it was unpaid, and was paid a stipend for a year before it was stopped.
Finding of the Court:
The court found that the term imposing an unpaid course for DNB students was unconscionable and void, and directed the respondents to decide on the amount of stipend payable and the period for which it is payable as early as possible and applicable across the board to all institutions under the administrative control of respondent Nos. 1 and 2 and accredited to the NBE.
Issues: The main issue was whether the term imposing an unpaid course for DNB students was unconscionable and void.
Ratio Decidendi: The court held that the term imposing an unpaid course for DNB students was unconscionable and void, and directed the respondents to decide on the amount of stipend payable and the period for which it is payable as early as possible and applicable across the board to all institutions under the administrative control of respondent Nos. 1 and 2 and accredited to the NBE.
Final Decision: The writ petition was allowed, and the respondents were directed to decide on the amount of stipend payable and the period for which it is payable as early as possible and applicable across the board to all institutions under the administrative control of respondent Nos. 1 and 2 and accredited to the NBE. No costs were awarded.
( 1 ) THE petitioners are doctors having obtained an mbbs degree. They are undertaking a course for the grant of a Diplomate of National Board. Their prayer, in a writ petition filed under Article 226 of the Constitution, is essentially for payment of a salary/honorarium for the practical work that they are doing while undertaking the course.
( 2 ) THE National Board of Examinations (for short the NBE) was established by the Government of India, Ministry of Health and Family welfare as an examining body to evolve a pattern for the conduct of a high and uniform standard of post-graduate and post-doctoral examinations in medical sciences. The NBE confers a Diplomate of National Board (for short dnb) qualification, which is said to be equivalent to an MD/ms/dm/ m. Ch. of other Indian universities recognized by the Government of India and the Medical Council of India.
( 3 ) THE NBE has set up a mechanism for imparting a non-formal mode of teaching in the sphere of higher medical education. The idea is to tap the resources in terms of equipments and trained manpower available in the private and public sector for training and teaching in higher medical education. The NBE has recognized 156 institutions for the intake of 570 candidates in various post-graduate and post-doctoral courses in private and public sector hospitals/institutions. One such hospital is the Deen dayal Upadhyay Hospital, which is respondent No. 3 in the present writ petition.
( 4 ) THE NBE conducts a primary examination twice a year and it appears that pursuant to an advertisement that appeared in the newspapers sometime in 1999, the petitioners took this primary examination and qualified in it.
( 5 ) RESPONDENT No. 3 (which is one of the accredited institutions for the award of a DNB qualification) issued an advertisement in the newspapers in December, 1999 inviting applications from medical graduates for admission to the" DNB course for the session commencing from January/ july, 2000. In the advertisement, a copy of which was handed over in Court, it was stated that the terms and conditions for admission to the DNB course are as under: (1) Applicant should have passed the DNB Primary Examination. (2) In case of selection to the said course, medical graduates are required to submit an undertaking/bond in the prescribed proforma to the effect that he / she will work on honorary basis / complete the course. (3) The selection will be made by the Academic Cell of DDU hospital strictly on merit basis. (4) Hostel facility will be provided to the selected candidates if available as per prescribed rules. (5) Application of the candidates having P. G. Diploma will only be considered if primary pass candidate is selected (one Diploma against one primary ). (6) DNB in this hospital is an Unpaid Course. (7) The last date of receipt of application will be 24. 12. 1999.
( 6 ) FOR the sake of convenience, the facts pertaining to petitioner No. 1 are stated. The facts pertaining to the other petitioners (and the intervenors) are either substantially the same or not materially different.
( 7 ) PETITIONER No. 1 was selected for admission to the DNB course with respondent No. 3. He was given a Memorandum dated 19th February, 2000 indicating the terms and conditions of the admission. Three of the conditions, which are important, are as follows: (1) DNB course will be unpaid. The selected candidate will submit an affidavit to the effect that he/she will complete the course on an honorary basis. (2) Free hostel accommodation will be provided to the DNB student. (3) The selected student will have to abide by the rules and regulations of respondent No. 3 and also perform the duties of a resident doctor in addition to academic activities.
( 8 ) ALTHOUGH no formal affidavit was taken from him, it is common ground that petitioner No. 1 accepted the terms and conditions offered by giving an acceptance letter to respondent No. 3. Petitioner No. 1 joined the dnb course in
