$~

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on: 12.11.2025

Judgment pronounced on: 21.11.2025

+ LPA 787/2013

ALL INDIA INSTITUTE OF MEDICAL SCIENCE

.....Appellant

Through: Mr. Anand Varma, Mr. Ayush Gupta and Mr. Polavarapur Sai Charan, Advocates.

versus

DR. SANJAY KUMAR YADAV & ORS .....Respondents

Through: Mr. Anupam Srivastava, Senior Advocate with Mr. Nitin K. Gupta, Ms. Ayushi Arya, Ms. Pranjal Vyas and Mr. Vasuh Misra, Advocates.

Mr. T. Singhdev, Mr. Tanishq Srivastava, Ms. Yamini Singh, Mr. Abhijit Chakravarty, Mr. Sourabh Kumar and Mr. Vedant Sood, Advocates.

+ LPA 788/2013

ALL INDIA INSTITUTE OF MEDICAL SCIENCE

.....Appellant

Through: Mr. Anand Varma, Mr. Ayush Gupta and Mr. Polavarapur Sai Charan, Advocates.

versus

DR. AJAY KUMAR YADAV & ORS .....Respondents

Through: Mr. Anupam Srivastava, Senior Advocate with Mr. Nitin K. Gupta, Ms. Ayushi Arya, Ms. Pranjal Vyas and Mr. Vasuh Misra, Advocates.

Mr. T. Singhdev, Mr. Tanishq Srivastava, Ms. Yamini Singh, Mr. Abhijit Chakravarty, Mr. Sourabh Kumar and Mr. Vedant Sood, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

J U D G M E N T

ANIL KSHETARPAL, J.

CM.APPL. 44079/2016[Seeking impleadment as party respondent nos.15 to 53] in LPA 787/2013

CM.APPL. 64031/2025[Seeking impleadment as party respondent nos.54 to 67] in LPA 787/2013

1. The present applications have been filed by the Applicants/proposed Respondents seeking impleadment as party respondents to LPA 787/2013.

2. A perusal of the applications reflects that in CM.APPL. 44079/2016, the Applicants/proposed Respondents enrolled in different courses under Foreign National Category seats from January 2013 to January 2016, whereas, in CM.APPL. 44079/2016, the Applicants/proposed Respondents enrolled in different courses under Foreign National Category seats from July 2022 to January 2025.

3. This Court is of the considered view that impleading these students who got admitted to different post-graduate courses, at AIIMS from January 2013 to January 2016 and from July 2022 to January 2025, would not be in the interest of justice at this stage.

4. However, the Applicants/proposed Respondents have been allowed to intervene and assist the Court. Their counsel have also been heard.

5. In view of the aforegoing, the applications are disposed of.

LPA 787/2013

LPA 788/2013

6. Through the present Letters Patent Appeals, the Appellant assails the correctness of the Judgment dated 16.07.2013 [hereinafter referred to as ‘Impugned Judgment’] passed by the learned Single Judge while adjudicating two Petitions being W.P.(C) 3465/2011 captioned Dr. Sanjay Kumar Yadav & Ors. v. All India Institute of Medical Sciences, New Delhi & Anr and W.P.(C) 6300/2011 captioned Ajay Kumar Yadav & Ors. v. All India Institute of Medical Sciences, New Delhi & Ors., wherein the Appellant was directed to pay emoluments to foreign-national postgraduate students at par with Indian Junior Residents, except those candidates who were admittedly under “sponsored” seats, from the date of filing of the writ petitions.

7. The issues which arise for consideration in the present Appeal are:

i. Whether foreign-national medical trainees admitted under the “Foreign” category form a separate and intelligibly distinct class, justifying differential emoluments treatment.

ii. Whether acceptance of prospectus conditions bars the Respondents from challenging the stipulation on constitutional grounds (estoppel).

iii. Whether Article 16 of the Constitution of India [hereinafter referred to as ‘COI’] applies to the present case by virtue of employer-employee relationship between the parties.

FACTUAL MATRIX:

8. In order to comprehend the issues involved in the present case, the relevant facts in brief are required to be noticed.

9. The Respondents [Petitioners before the learned Single Judge] comprise a group of foreign national doctors admitted to AIIMS in postgraduate courses i

Click Here to Read the rest of this document