The main legal point established in the judgment is the entitlement of DNB trainees to payment of stipend on par with Junior Resident Doctors, as interpreted from the Circular dated 02.04.2019 issued by the National Board of Examination.

JUDGMENT :

R. Subbiah, J.

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 16.03.2020 passed in WP No. 12404 of 2019 on the file of this Court.

1. This appeal has been filed as against the order dated 16.03.2020 passed in WP No. 12404 of 2019, by which the learned Single Judge allowed the writ petition filed by the respondents 1 to 11 herein and directed the appellants herein to pay salary/stipend to the respondents 1 to 11 on par with the emoluments paid to the resident Junior Doctors from the date of their joining the DNB Course.

2. Brief facts which are necessary to decide the issues involved in this appeal, are as under.

3. The Ministry of Health and Family Welfare, Government of India have established National Board of Examinations (NBE) with the object of improving the quality of medical education. The National Board of Examinations conducts Post Graduate and Post Doctoral examinations in approved specialities leading to award of Diploma of National Board. The examinations provide a common standard for attainment of knowledge and competence in the study of medicine. The Diploma Qualifications awarded by National Board of Examinations are equated with Post Graduate and Post Doctoral Decrees for all purposes, including appointment to teaching posts. Further, National Board of Examinations conducts Centralized entrance tests for admission to super-Speciality and Broad Speciality Courses and the selected candidates are allotted to the Teaching Hospitals for undergoing the Courses. After completion of the Course, examination is conducted by the National Board, and Diploma is awarded by the Board. Based on the examination conducted by National Board, the respondents 1 to 11 have been admitted to undergo DNB Courses in the Southern Railway Head Quarters Hospital, Ayanavaram, Perambur, Chennai - 600 023. The respondents 1 to 11 are registered medical practitioners. The respondents 1 to 4 herein were also admitted to undergo Post Diploma (Secondary DNB) course in the Southern Railway Head Quarters Hospital. Similarly, the respondents 5 to 11 have been admitted to undergo DNB (Primary DNB) Course in the Southern Railway Head Quarters Hospital, Chennai. During the course of their studies, the Government of India, Ministry of Railways, by proceedings dated 06.04.2009 ordered that stipend/emoluments payable to the DNB Trainees (Junior Residents) shall be in accordance with the salary payable to resident Doctors. On 13.05.2011, the Ministry of Railways further clarified that stipend payable to DNB Trainees (Junior Residents), working in Railway Hospital, will include non-practicing allowance also since DNB Trainees are qualified Doctors practising medicine. Further, during the year 2004, the second appellant re-fixed the minimum stipend payable to DNB trainees. While all the other Railway Hospitals in India paid emoluments to DNB trainees by treating them as Resident Doctors, the Railway Hospital, Perambur, Chennai alone reduced the amount payable to the students based on the minimum stipend payable to the DNB trainees fixed by the second appellant. In such a situation, the students admitted during 2014-2015 challenged the reduction in payment of emoluments by filing WP No. 32382 of 2014 seeking payment on par with DNB trainees admitted to other Railway Hospitals. The writ petition was admitted and interim order was granted in favour of the students. Following the same, the students admitted during 2015-2016 also filed WP No. 26615 of 2015 and it was allowed on 09.03.2016. Subsequently, the other batch of students admitted in 2016-2017 batch have also filed WP No. 26274 of 2016 and it was also allowed on 26.01.2017. The writ appeal filed against the order dated 26.01.2017 in WP No. 26274 of 2016 was also dismissed by the Division Bench of this Court in W.A. No. 1000 of 2017 dated 23.08.2017. The studen