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2017 Supreme(Mad) 1334
IN THE HIGH COURT OF JUDICATURE AT MADRAS
PUSHPA SATHYANARAYANA, J.
P. Barath Kumar Singh – Petitioner
Versus
The Union of India, Rep. by the Secretary to Government, Ministry of Health and Family Welfare, New Delhi – Respondent
W.P. No. 26274 of 2016 and W.M.P. No. 22528 of 2016
Decided On : 21-06-2017
For the Petitioner: Mr. V. Selvaraj.
For the Respondents: Mr. J. Madanagopal Rao, Mr. P.T. Ramkumar, Mr. Dhruva, M/s. Anand, Samy and Dhruva.
The main legal point established in the judgment is that the stipend for DNB trainees should be considered as a salary and should not be reduced arbitrarily.
Headnote:
Writ Petition - Mandamus - National Board of Examinations - 31.10.2014, 27.11.2014 - The court discussed the revised fee structure and stipend guidelines prescribed by the National Board of Examinations and adopted by the Railway Board. The key legal provisions discussed include the guidelines for DNB Trainees, the authority of the Ministry of Railways to adopt modified fee and stipend guidelines, and the nature of stipend as a salary for trainees.
Fact of the Case:
The petitioners, doctors undergoing DNB courses, challenged the reduction of stipend by the Railway Board based on circulars dated 31.10.2014 and 27.11.2014. They argued that the stipend reduction was arbitrary and unjustified.
Finding of the Court:
The court found that the attempt to reduce the stipend amount to the petitioners was discriminatory and arbitrary. It held that the stipend should be considered as a salary for the trainees and should not be reduced.
Issues: The main issue was the reduction of stipend for DNB trainees by the Railway Board based on circulars dated 31.10.2014 and 27.11.2014.
Ratio Decidendi: The court decided that the reduction of stipend for the trainees was discriminatory and arbitrary, and that the stipend should be considered as a salary and not be reduced.
Final Decision: The Writ Petition was allowed, and the reduction of stipend was deemed discriminatory and arbitrary. 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 implementing the revised fee structure and stipend guidelines prescribed by the National Board of Examinations and adopted by the Railway Board as contained in the letter of the 4th respondent dated 31.10.2014 and the consequent circular issued by the 7th respondent dated 27.11.2014.
2. The case of the petitioners is as follows:
(a) The National Board conducts Centralized Entrance Tests for admission to Super- Specialty and Broad Specialty Courses and the selected candidates are allotted to the Teaching Hospitals for undergoing the courses and after the completion of the course, examination is conducted by the National Board and Diploma is awarded by the Board.
(b) The 25th petitioner is already a Post Graduate who was admitted during 2016-2017 to undergo Super Specialty Course in the Southern Railway Headquarters Hospital, Perambur. The other petitioners have been admitted during 2016-2017 to undergo Broad Specialty DNB Courses in the Southern Railway Headquarters Hospital, Perambur. The petitioners are as such students undergoing Super Specialty or Broad Specialty Course in the Southern Railway Headquarters Hospital, Perambur, pursuant to the Centralized All India Entrance Examinations conducted by the National Board of Examinations. They have joined the Course during 2016-2017. The DNB Broad Specialty Course is equivalent to MD/MS.
(c) 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.
(d) 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 third year students Rs. 29,000/-. 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.
(e) 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 students who were admitted to the courses during 2014-15 and this Court by way of interim order, directed the respondents 5 to 7 not to reduce the stipend payable to the students admitted till 2014-15.
(f) 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 consequent 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
