RAJASTHAN HIGH COURT
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
EQUAL STIPEND - AYURVEDA POST GRADUATE STUDENTS - The court addressed the entitlement of PG students in Ayurveda to equal stipends as their counterparts in Allopathy, referencing a prior judgment. The court directed the State Government to consider the petitioners' representation based on established precedents and recommendations, ensuring a fair review process without mandating a specific outcome.
Fact of the Case:
The petitioners, PG students of Ayurveda, sought equal stipend payments as those received by PG students in Allopathy, citing a previous judgment that supported their claim.
Finding of the Court:
The court acknowledged the previous ruling and the State's history of stipend adjustments, directing the petitioners to submit their representation for consideration.
Issues: Whether PG students of Ayurveda are entitled to equal stipends as those in Allopathy and the appropriate process for addressing their grievances.
Ratio Decidendi: The court emphasized the importance of equal treatment in stipend payments for PG students across different medical systems, reinforcing the need for the State to act on recommendations and previous judgments.
Result: The writ petition was disposed of with directions for the petitioners to file a representation, and the State Government was instructed to respond within a specified timeframe.
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.
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.
Pay scale – Nature of duties discharged by Post Graduate students in Ayurveda stream is not the same as that of Post Graduate students undertaking therein education in Allopathy stream.
Point of law: Medical college - Question of payment of stipend - respondent Medical Colleges are bound to pay the stipend to the P.G. students as per the MCI Regulations
The judgment established that Ayurvedic doctors and allopathic doctors do not perform equal work to be entitled to equal pay.
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