SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Raj) 844

IN THE HIGH COURT OF RAJASTHAN
Dinesh Mehta, J.
Suresh Kumar Royal - Appellant
Versus
State Of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 12842/20211
Decided on : 20-09-2021

Advocates appeared:
Mr. Hanuman Singh Choudhary, Advocate, for the Petitioner; Mr. Himanshu Shrimali, Advocate, for the Respondent

The court emphasizes the principle of equal treatment and directs the State Government to consider increasing stipend for PG students in Ayurveda in line with previous judgment and recommendation.

Headnote:

Stipend - Indian System of Medicine, Ayurveda - Court directs State Government to consider increasing stipend for PG students in Ayurveda in light of previous judgment and recommendation.

Fact of the Case:

The petitioners seek equal stipend for PG students in Indian System of Medicine, Ayurveda as is being paid to Modern System of Medicine, Allopathy.

Finding of the Court:

The court directs the petitioners to file a representation along with relevant documents for the State Government to consider increasing the stipend, with a directive for expeditious redressal of the grievance.

Issues: Equal stipend for PG students in Ayurveda compared to Allopathy, consideration of previous judgment and recommendation by the State Government.

Ratio Decidendi: The court emphasizes the need for the State Government to consider the petitioners' representation for increasing the stipend for PG students in Ayurveda in light of previous judgment and recommendation, with a focus on expeditious redressal of the grievance.

Final Decision: The writ petition is disposed of with a direction for the petitioners to file a representation for consideration by the State Government, with the option for the petitioners to seek further remedy if their grievance persists.

JUDGMENT

1. While inviting Court's attention towards the judgment dated 23.6.2005 rendered in the case of Dr. Vedwati Pareek v. State of Rajasthan & Ors. (SBCWP No.755/2004), Mr. Hanuman Singh Choudhary, learned counsel appearing for the petitioners submits that this Court has held that the PG students of Indian System of Medicine, Ayurveda are also entitled to equal stipend as is being paid to the Modern System of Medicine, Allopathy.

2. Learned counsel further submits that the State Government has been proportionately increasing the stipend time and again which is evident from perusal of order dated 20.8.2010.

3. He adds that by way of communication dated 8.4.2019, the Principal of the Government Ayurveda College has recommended to increase the stipend payable to the persons doing Post Graduation in Indian System of Medicine, Ayurveda.

4. Learned counsel submits that the petitioners would be satisfied if the competent authority of the State Government is directed to consider petitioners' representation in the light of the judgment rendered in the case of Dr. Vedwati Pareek (supra) and in light of the recommendation dated 8.4.2019.

5. The writ petition is therefore, disposed of with the direction to the petitioners to file a representation alongwith photostat copy of the judgment rendered in the case of Dr. Vedwati Pareek (supra); a photostat copy of the recommendation letter dated 8.4.2019; a photostat copy of order dated 20.8.2010 and a certified copy of the order instant within a period of two weeks from today.

6. In case, the representation is so addressed, the competent authority of the State Government shall do the needful in accordance with law, as early as possible preferably within twelve weeks of receiving the representation.

7. It is made clear that aforesaid direction to decide the petitioner's representation has been issued only with a view to ensure expeditious redressal of petitioner's grievance. The same may not be construed to be an order to decide the representation in a particular manner.

8. In case any of the petitioners' grievance still persist, they shall be be at liberty to take appropriate remedy, including filing of a fresh writ petition.

9. The stay application also stands disposed of accordingly.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top