IMPORTANT POINTS
The principle of 'equal pay for equal work' done, by similarly situated persons comes into play, and therefore, unequal pay for the work done having substantial similarity cannot pass the test of equality principles. The sum and substance of the discussion made above would make it clear that, both Science and Humanities lecturers with the NET qualification are having same status in their attire and shall not be classified differently.

JUDGMENT :

The case put forth by the petitioners is that, the fixation of Rs.12,000/- per month as stipend for Research Fellowship of Ph.D Research Scholars in Humanities is unconstitutional, and they are entitled to get an amount of Rs.25,000/- as is given to the Lecturers in Science who are having National Eligibility Test (NET) qualification. Brief material facts for the disposal of the writ petition are as follows:

2. Petitioners are Research Scholars in the Department of Humanities under the Indian Institute of Science and Technology, Thiruvananthapuram, the 2nd respondent herein. As per Exts.P4 and P5 Rules and Regulations for Ph.D. issued by the 2nd respondent, a monthly fellowship of Rs.12,000/- was fixed for Lecturers with NET qualification in both Science and Humanities. However, as per Ext.P12 Ph.D. Rules and Regulations issued by the 2nd respondent dated 26.10.2017, an unreasonable classification is made, by which, Rs.25,000/- is given as fellowship to Ph.D. Research Scholars in Science on and with effect from 21.10.2014, whereas the petitioners who are having the similar qualification of NET are provided only with an amount of Rs.12,000/- per month, subject to certain riders. Therefore, according to the petitioners, the classification so done in Ext.P12 is unconstitutional, being an unreasonable classification.

3. I have heard learned counsel for the petitioners and the learned counsel representing the ASGI, and perused the pleadings and the documents on record. Even though notice is served on the 2nd respondent, there is no appearance.

4. The subject issue revolves around Clause 9 of Ext.P12 Ph.D. Rules and Regulations approved on 26.10.2017, which read thus:

“9. Research Fellowship 9.1. Full-time Programmes 9.1.1. IIST Funded

(a) All research scholars selected under IIST funded Ph.D. fellowship will receive Institute fellowship following DST Guidelines (and upon DOS approval) for emoluments for research personnel pursuing Ph.D. in Central Government Departments/Agencies. As per current norms, scholars with Masters Degree in Engineering/Technology and scholars with Masters degree in Science or Humanities with NET-JRF or Gate qualification will be given a Fellowship of Rs.25,000/p.m. scholars with NET - Lectureship from the Sciences and Humanities are given a Fellowship of Rs.25,000/p.m. and Rs.12,000/p.m., respectively. Scholars with NET-Lectureship in Humanities will be given a Fellowship of Rs.25000/pm, if the scholars qualify for NET-JRF. All the Fellowship amounts shall be revised from time to time as per Government norms.

(b) After two years of research experience, their performance will be evaluated by the respective DC and a Department level committee constituted by the HoD. Based on the review, fellowship amount of Rs.25000/12000 may be enhanced to Rs.28000/14000, respectively”.

5. Therefore, on an analysis of the said provision, it is clear that scholars with NET - Lectureship from the Sciences are given Rs.25,000/- per month, however, scholars with NET - Lectureship in Humanities are given only a Fellowship of Rs.12,000/- per month. As pointed out earlier, the sum and substance of the contention put forth by learned counsel for the petitioners is that, there is clear discrimination by and between the Lecturers having the same qualification teaching Science and Humanities. That apart, it is clear from the afore provision, petitioners are entitled to get the same amount as that of Science scholars only if they are acquiring further qualifications.

6. By this time, it is well settled that, Article 14 of the Constitution of India will come into play when serious discrimination is meted out by and between equals under similar circumstances. It is also well settled that every individual is entitled as of right for equal treatment under similar circumstances. To put it otherwise, there should be a rational basis or relationship with respect to the classification done, though may not be in mathematical precision, howeve