SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 8764

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
TORENTY JOY – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 14972 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.M.A.VAHEEDA BABU, SRI.BABU KARUKAPADATH, SHRI.KARUKAPADATH WAZIM BABU, SMT.ARYA RAGHUNATH, SMT.P.LAKSHMI, SMT.AYSHA E.M., SHRI.HASHIM K.M., SHRI.ABUASIL A.K., SMT.HANIYA NAFIZA V.S., SHRI.M.I.INSAF MOOPPAN, SHRI.RISHI VINCENT, SRI.P.K.ABDUL RAHIMAN, SHRI.MANU KRISHNA S.K.
For the Respondents: SHRI.K.S.PRENJITH KUMAR, SC, NATIONAL MEDICAL COMMISSION, SHRI.BINNY THOMAS, SC, KERALA UNIVERSITY OF HEALTH SCIENCES, SRI.ABDUL RAOOF PALLIPATH, SRI.E.M.MURUGAN, SRI.E.MOHAMMED SHAFI, SRI.PRAJIT RATNAKARAN, SMT.GANGA A.SANKAR, SHRI.N.MANOJ KUMAR, STATE ATTORNEY, SRI.P.G.PRAMOD, SENIOR GOVERNMENT PLEADER, SHRI.P.SREEKUMAR (SR.), SMT.NILEENA V.P., SMT.K.R.LEKSHMI, SMT.ANJANA A.

State has an obligation to pay stipends for internships even when students transfer due to non-compliance of educational institutions.

Headnote:This Writ Petition (Civ) concerns the entitlement of stipend for a medical internship. The petitioner, having transferred from an educational institution that was ordered to close, sought a stipend from the State as per previous judgments. The Court directed the State to pay the stipend to the petitioner within two months, leaving recovery options open. The primary issues include the obligation of the State in stipend payments for transferred students and the court established precedent set in similar cases.

Result: The direction to pay stipend granted.

Table of Content
1. entitlement to stipend for crmi after transfer. (Para 1 , 2)
2. consideration of precedent in stipend payments. (Para 3)
3. direction for stipend payment to petitioner. (Para 4)

JUDGMENT

This writ petition has been filed seeking a direction to the first respondent to grant stipend to the petitioner for the completed period of CRMI undergone by her in the 5th respondent college.

2. Petitioner had initially joined the 4th respondent college. Due to the failure of the 4th respondent college to comply with the standards of education and other infrastructure facilities, the said college was directed to be closed down. Petitioner who was one of the students in the said college was shifted to the 5th respondent college for the purpose of completing her additional training as well as Compulsory Rotating Medical Internship (CRMI). Petitioner has now completed his CRMI. However, her stipend has not been paid till date due to a dispute regarding on whom the liability to pay the stipend falls.

3. I have heard the learned counsel for the petitioner, the learned Government Pleader, the respective Standing Counsel as well as the learned counsel for the 4th respondent.

4. In similar cases, this Court has already directed stipend for those similarly situated as the petitioner, to be paid by the State and left the question of recovery of the same from the college concerned, open, to be decided as and when such an issue arises. Petitioner stands on a similar footing as that of the petitioners in W.P.(C) No.7153 of 2024 and connected cases. Therefore, I am of the view that the petitioner should also be extended the same benefit.

Hence, there will be a direction to the first respondent to pay the eligible stipend to the petitioner for the period of CRMI undergone by her at the 5th respondent college within a period of two months. The question of recovery of stipend paid to the petitioner from the 4th respondent is left open for consideration as and when the issue arises.

The writ petition is disposed of as above.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top