O R D E R:

Aggrieved by the illegal, arbitrary and discriminatory action of Respondent No. 2 - Nizam's Institute of Medical Sciences, Panjagutta, Hyderabad (NIMS) in paying significantly reduced stipends to Petitioners, who are pursuing Doctorate of National Board Super Speciality (DrNB-SS) programs, as compared to (i) trainees pursuing DM/MCh programs, and (ii) even their own juniors pursuing DrNB-SS program, and in not implementing Government Orders governing stipend with effect from the dates stipulated therein, this Writ Petition is filed. Petitioners seek a declaration that such an action is violative of Articles 14, 19 and 21 of the Constitution of India, contrary to the principle of equal pay for equal work, and in violation of the regulations and stipend policy of Respondent No. 3 - National Board of Examinations in Medical Sciences (NBEMS), and consequential direction to pay stipend arrears from April 2022 with interest at 12% per annum.

2. Petitioners contend that they are students/trainees pursuing DrNB-SS program administered by Respondent No. 3 in Respondent No. 2 institute for a period of three years commencing from April 2022, and that they are resident doctors in Respondent No. 2 hospital discharging extensive clinical, academic and hosp responsibilities identical to those performed by DM/MCh trainees. Petitioners state that they work more than 80 hours per week and that on duty days, working hours extend up to 100 hours per week, and that the nature, intensity and responsibility of the work performed by them is the same as that performed by DM/MCh trainees in the same institution.

2.1. It is stated, petitioners secured admission into DrNB-SS program through a rigorous and intensive nationwide Super-specialty examination conducted by Respondent No. 3 pursuant to notification dated 07.10.2021, and that they joined Respondent No. 2 Institute in April 2022 pursuant to issuance of joining letters. Respondent No. 2 institute is a prestigious Government-managed institution under the control of the Government of Telangana (Respondent No. 1), and they joined the Institute after due selection and allotment by Respondent No. 3.

2.2. Petitioners contend that DrNB-SS program is equivalent to DM/MCh programs administered under the National Medical Commission, and that Section 37(2) of the National Medical Commission Act, 2019 expressly provides that Diplomat of National Board in super-specialty qualifications granted in a medical institution with attached hospital or hospital with five hundred or more beds shall be equivalent in all respects to the corresponding super-specialty qualification granted under the Act. It is stated, DrNB-SS, DM and MCh are highly specialized super-specialty programs offered only to select candidates who have completed graduation. and post- graduation, and that the specialized character of these programs has been recognized in judicial pronouncements as serving national interest and advancement of medical science and research.

2.3. Petitioners contend that once statutory equivalence between DrNB-SS and DM/MCh is established under Section 37(2), trainees pursuing DrNB-SS are entitled to be treated on par with DM/MCh trainees in all respects including payment of stipend, particularly when the work performed and responsibilities discharged are identical. The principle of equal pay for equal work is a constitutional mandate flowing from Articles 14, 19 and 21 of the Constitution and that Respondent No. 2, being an instrumentality of the State, cannot discriminate against Petitioners in payment of stipend. Respondent No. 2 has been paying Petitioners significantly lower stipend as compared to DM/MCh trainees working in the same hospital despite admitting that the working hours and responsibilities remain the same.

2.4. Petitioners state that discriminatory disparity is evident from the comparative figures ie. in April 2022, they were paid Rs. 70,000/-whereas DM/MCh trainees were paid