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2026 Supreme(Online)(Ker) 8766

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
QURAISH SHAFEEK POOVANATHIL – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 45965 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.P.LAKSHMI, SMT.ARYA RAGHUNATH
For the Respondents: SHRI.S.GANESH, SC, KERALA UNIVERSITY OF HEALTH SCIENCES, SRI.ABDUL RAOOF PALLIPATH, SRI.K.M.FIROZ, SRI.P.SREEKUMAR (SR.), SRI.E.MOHAMMED SHAFI, SRI.PRAJIT RATNAKARAN, SRI.E.C.AHAMED FAZIL, SRI.P.MOHAMMED SABEER, SRI.P.G.PRAMOD, SENIOR GOVERNMENT PLEADER, SRI.K.S.PRENJITY KUMAR, SC, ADV.BINNY THOMAS, SC

The court mandates the state to pay stipends to medical interns when their original institution fails to comply with educational standards, ensuring similar treatment to all interns.

Headnote:In this case, judicial review is sought concerning the non-payment of stipend for CRMI completed by the petitioners at respondents 5 to 8 due to unclear liability regarding stipend payment. The court found that the petitioners were similarly situated as those in previous cases where the stipend was directed to be paid by the state. The court ordered the first respondent to pay eligible stipends within two months while leaving the issue of recovery from the 4th respondent open for future consideration. The court ultimately ruled in favor of the petitioners, directing prompt payment of the stipend.

Table of Content
1. petitioners seek stipend for completed crmi. (Para 1 , 2)
2. court considers previous rulings on stipend payment. (Para 3)
3. court extends similar benefits to current petitioners. (Para 4)

JUDGMENT

This writ petition has been filed seeking a direction to the first respondent to grant stipend to the petitioners for the completed period of CRMI undergone by them in the college of respondents 5 to 8.

2. Petitioners 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. Petitioners who were students in the said college was shifted to the college of respondents 5 to 8 for the purpose of completing their additional training as well as Compulsory Rotating Medical Internship (CRMI). Petitioners have now completed their CRMI. However, their 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 petitioners, 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 petitioners, 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. Petitioners stand 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 petitioners should also be extended the same benefit.

Hence, there will be a direction to the first respondent to pay the eligible stipend to the petitioners for the period of CRMI undergone by them at the college of respondents 5 to 8 within a period of two months. The question of recovery of stipend paid to the petitioners from the 4th respondent is left open for consideration as and when the issue arises.

The writ petition is disposed of as above.

Sd/-

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