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2017 Supreme(Mad) 1335
IN THE HIGH COURT OF JUDICATURE AT MADRAS
PUSHPA SATHYANARAYANA, J.
Mekala Rathan – Petitioner
Versus
The Union of India, Rep. by the Secretary to Government, Ministry of Health and Family Welfare, New Delhi – Respondent
W.P. No. 3079 of 2017 and W.M.P. No. 3000 of 2017
Decided On : 21-06-2017
For the Petitioners: Mr. V. Selvaraj.
For the Respondents: Mr. J. Madanagopal Rao, Mr. P.T. Ramkumar, Mr. Dhruva, M/s. Anand, Samy and Dhruva.
The stipend amount for DNB students should be deemed as a salary and should not be reduced. Any attempt to reduce the stipend amount would be deemed as discrimination.
Headnote:
Writ Petition - Reduction of Stipend for DNB Students - National Board of Examinations Act, 1975 - Section 3.2 of Policy Notice dated 26.12.2013 - Stipend amount deemed to be salary - Attempt to reduce stipend amount deemed to be discrimination
Fact of the Case:
The petitioners, DNB students, sought to prevent the reduction of their stipend based on a circular issued by the Ministry of Railways and a consequential circular by the Railway Board. The petitioners argued that the stipend reduction was discriminatory as similarly placed trainees in other hospitals were not facing such reduction.
Finding of the Court:
The court found that the attempt to reduce the stipend amount to the petitioners was arbitrary and not justified. It deemed the stipend to be a salary and concluded that the reduction would amount to discrimination.
Issues: The main issue was the reduction of stipend for DNB students by the respondents, which the petitioners argued was discriminatory.
Ratio Decidendi: The court held that the stipend amount should be deemed as a salary and should not be reduced. It also found that the attempt to reduce the stipend amount to the petitioners was arbitrary and not justified.
Final Decision: The Writ Petition was allowed, and the reduction of stipend was prevented. No costs were awarded, and the connected Miscellaneous Petition was closed.
1. The Writ Petition has been filed seeking to issue a Writ of Mandamus, forbearing the respondents 3 to 7 from reducing the stipend payable to the DNB (Diploma of National Board) students on the basis of the proceedings of the 4th respondent dated 31.10.2014 and pay monthly stipends to DNB students, Rs. 63,654/- for the first year, Rs. 65,521/- for the second year and Rs. 68,446/- for the third year.
2. The case of the petitioners is as follows:
(a) The petitioners 1 and 2 have passed MBBS whereas the petitioners 3 and 4 have passed MBBS and D-Ortho and all of them have joined the Southern Railway Headquarters Hospital, Perambur to undergo three years Broad Specialty Course in Orthopedics pursuant to the Centralized All India Entrance Examinations conducted by the National Board of Examinations. They have joined the Course during August-September, 2016. The petitioners 1 and 2 were paid a stipend of Rs. 25,000/- whereas the petitioners 3 and 4 were Rs. 27,000/-.
(b) While so, on 31.10.2014, a communication had been sent to the Railway Hospital and other authorities stating that the competent authority in the Ministry of Railways decided to adopt the modified fee and stipend guidelines for DNB Trainees, mutatis mutandis for the trainees engaged in Indian Railway Medical Setup and also annexed the proceedings of the National Board of Examinations dated 26.12.2013 which prescribes the maximum permissible limit of fee structure. It also states that accredited institutions are at liberty to charge fees which is less than the fees indicated under the respective categories and the fee cannot be higher than the amount fixed by the National Board of Examinations.
(c) The first year Broad Specialty, Super Specialty and Post Diploma Students have been paid all along Rs. 63,654/- as monthly stipend for the first year, Rs. 65,521/- for the Second year and Rs. 68,446/- for the third year. In the event of the revised norms being implemented, the first year Trainees are eligible for Rs. 25,000/- p.m. second year students Rs. 27,000/- and the third year students Rs. 29,000/-. The DNB Super Specialty Trainees are eligible to get Rs. 32,000/- in the first year, Rs. 34,000/- in the second year and Rs. 38,000/- in the third year.
(d) Except the Southern Railway Headquarters Hospital, Aynavaram, all the other Railway Hospitals have not reduced the stipend payable to the students, which alone attempted to increase the fee structure and reduce the stipend payable to the students admitted to super specialty and DNB Broad Specialty Courses. Aggrieved over the same, a Writ Petition in W.P. No. 32383/2014 came to be filed by the students who were admitted to the courses during 2014-15 and this Court by way of an interim order, directed the respondents 5 to 7 not to reduce the stipend payable to the students admitted till 2014-15.
(e) The students, who were admitted to the DNB Broad Specialty Course during 2015-2016, filed W.P. No. 26615/2016 seeking a Writ of Mandamus, forbearing the respondents 3 to 7 from implementing the revised fee structure and stipend guidelines prescribed by the National Board of Examinations and adopted by the Railway Board as per the letter of the 4th respondent dated 31.10.2014 and the consequential circular issued by the 7th respondent dated 27.11.2014 and the same was allowed by this Court by order dated 09.03.2016 stating that the attempt on the part of the respondents to reduce the stipend amount to the petitioners who are trainees in the Railway Hospital would amount to discrimination. Hence the present Writ Petition.
3. A detailed counter has been filed by the 2nd respondent in which it is stated that the Ministry of Health and Family Welfare, Government of India established the National Board of Examinations in 1975 which became an independent autonomous organization in 1982. It was set up to evolve uniform standards of Post-Graduate and Post-Doctoral Examinations in Medical Sciences on par with international standards.
