16.07.2012 It is not permissible for the respondents to discriminate between similarly situated persons, on the ground of their having acquired qualification from different sources.

Madras High Court

J.Denis Winston vs The Academic Officer on 16 July, 2012

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2012

CORAM:

THE HONOURABLE MR.JUSTICE VINOD K.SHARMA

W.P. No.5458 of 2012 &
M.P.No.1 of 2012




J.DENIS WINSTON                                  .. PETITIONER

-vs-

1. THE ACADEMIC OFFICER,
 THE TAMIL NADU DR.MGR MEDICAL UNIVERSITY,
 NO.69, ANNA SALAI, GUINDY
 CHENNAI-600 032.

2. THE DIRECTOR OF MEDICAL EDUCATION
 KILPAUK, CHENNAI-600 010.

3. THE PRINCIPAL SECRETARY TO GOVERNMENT,
 HEALTH AND FAMILY WELFARE (MCA1) DEPT.,
 SECRETARIAT, FORT ST. GEORGE,
 CHENNAI - 600 009.

4. THE DEAN 
 STANELY MEDICAL COLLEGE,
 CHENNAI-600 001.     ..  Respondents




Prayer: Writ petition is filed under Article 226 of Constitution of India for the issuance of a writ in the nature of Certiorari, calling for the entire records relating to the impugned condition NON STIPENDIARY alone in Order No. Rc.No.ACI(1)/60556/2011 dated 23.01.2012 by the 1st Respondent and quash the condition NON STIPENDIARY alone and direct the respondents to pay stipend at the rate of Rs.7600/- per month to the petitioner every month with effect from the date on which the petitioner is undergoing CRRI training in Stanley Medical College  Chennai i.e., from 15.02.2012 till the completion of CRRI training on par with the interns of Stanley Medical College Chennai.




  For Petitioner  :    Mr.S.Joseph Selvaraj

  For R1  : Mrs.Narmada Sampath 

  For R2 to R4 : Mr.R.Vijayakumar
     Addl. Govt. Pleader


*****

O R D E R

The petitioner prays for issuance of a writ in the nature of Certiorari to quash the impugned condition "non-stipendary" in Order No. Rc.No.ACI(1)/60556/2011 dated 23.01.2012, passed by the 1st respondent with consequential relief of issuance of a writ in the nature of Mandamus, directing the respondents to pay stipend at the rate of Rs.7,600/- (Rupees Seven Thousand Six Hundred only) per month with effect from the date on which the petitioner was enrolled as CRRI trainee at Stanley Medical College, Chennai, i.e., 15.02.2012 till completion of CRRI training at par with the interns of Stanley Medical College Chennai.

2. The petitioner successfully completed M.D.(Physician) course from Stavropol State Medical Academy, Russian Federation, Russia in June 2012. This academy is a Government Medical Academy, recognized by the Medical Council of India, and successfully passed the screening test held in September 2011 in the first attempt, conducted by the National Board of Examinations.

3. The petitioner, after being enrolled by the Medical Council of India, applied for no objection certificate for undergoing CRRI training. The request of petitioner was accepted and no objection certificate was issued by the respondent no.1, but by showing him as non-stipendary intern.

4. The father of petitioner filed an application under the Right to Information Act on 23.01.2012 for disclosing reasons for imposing the impugned condition of non-stipendary. Request was also made for supply of a copy of necessary guidelines / instructions, but no reply was received to the request made by the petitioner. The petitioner did not take further steps under the Right to Information Act for non supply of information asked for.

5. The petitioner has challenged the impugned condition imposed in the no objection certificate issued by the respondent no.1, on the ground that the impugned condition is unjustified, unreasonable, therefore, violative of Article 14 of the Constitution of India.

6. The impugned condition is also challenged, on the ground of it being discriminatory, as the petitioner is performing the same duties as performed by other interns, i.e. dealing with all types of emergencies, rendering basic care, assist in major medical and surgical procedures and performing the job of Medical Officer in peripheral areas and also bridge the communication gap between residents and paramedical staff etc.

7. It is also submitted, that in spite of payment of fee of Rs.63,000/- (Rupees Sixty Three Thousand only), respondent no.1 has not issued unconditional no objection certificate to the petitioner as done in the case of other interns, rather imposed the unreasonable condition of non-stipendary.

8. The Medical Council of India's guidelines do not bar the grant of stipend to Foreign Medical Graduates, undergoing CRRI training in the Government colleges in India.

9. The respondent no.1 in the counter filed has taken a stand, that since Stavropol State Medical Academy, Russian Federation, Russia is a Government medical academy duly recognized by the Medical Council of India, based on the representation of petitioner, no objection certificate has been issued as demanded. It is the stand of respondent no.1, that non-stipendary condition was imposed in view of the Government Order (Rt) No.107 issued by the Health and Family Welfare (MCA1) Department dated 08.02.2012. The reliance is also placed on G.O.(Ms).No.319, Health and Family Welfare Department dated 30.11.2001, stipulating collection of fee in lumpsum from students from the foreign countries.

10. It is also stated in the counter, that Government of India and Director of Medical Education, Chennai are authorities to pay stipend to CRRI students and not the University, therefore, the stand of University is that the impugned condition was imposed in compliance with the Government orders.

11. The third respondent has filed counter to take a stand that the Government took a generous view, and allowed the candidates of other States / Foreign Universities to do their internship in Government Medical Colleges, falling under the purview of Tamil Nadu Dr.MGR Medical University so as to enable them to enrich their clinical skills as a non-stipendary candidate.

12. The stand of the respondent no.3 is that the candidates of other Universities, do not have the skills of the standards of the students of Tamil Nadu Dr.MGR Medical University, and that the object of the training is to give abundant clinical knowledge for excellent, voluminous clinical material, excellent teaching facilities, so as to be at par with students, who have studied in the State of Tamil Nadu.

13. It is also pleaded, that the internship is mandatory and the Medical graduates cannot practice independently without completing internship. An artificial classification is sought to be drawn in the counter by submitting, that only meritorious students including economically weaker sections of the Society are admitted in the Government colleges, whereas various students from economically wealthy families , who do not secure good marks to compete with meritorious students of the State, undergo medical education in other States / Countries, therefore, they cannot be equated with the meritorious candidates admitted in the Medical College.

14. It is also submission of respondent no.3, that the petitioner along with eight others similarly situated persons have been allowed to do internship in Government Medical colleges as non-stipendary intern.

15. The submission, therefore is that the petitioner cannot allege discrimination, as he along with foreign universities and other States students forms separate class from that of interns, who have passed their MBBS from the Colleges affiliated to Dr.MGR Medical University.

16. On consideration, this Court finds, that the stand taken by the respondents cannot be accepted. Once the petitioner is qualified from the recognized college, though in the foreign country, and also passed examination conducted by the National Board of Examinations of the Medical Council of India, he has to be treated at par with other MBBS students.

17. The petitioner therefore, is having the same qualification as other Interns, who have done their MBBS from Dr.MGR University, specially when it is not disputed, that the petitioner as well as other interns are performing the same duties as CRRI trainees.

18. It is not permissible for the respondents to discriminate between similarly situated persons, on the ground of their having acquired qualification from different sources. The students from the Foreign Universities, who have cleared the examination, conducted by the National Board of Medical Examinations and students from other States undergoing internship, i.e. CRRI training forms one class, therefore, action of the respondents in discriminating similarly situated persons cannot be sustained, being violative of Article 14 and 16 of the Constitution of India.

19. The Government orders, on which reliance has been placed are merely Government instructions, which do not have statutory force of law. It is not disputed, that the Medical Council of India does not categorize the foreign students, who have cleared examinations conducted by the Medical Board of Examinations of the Medical Council of India, to be different from the students, who have acquired their MBBS qualification from the State Universities as projected. The Government Orders on which the reliance is placed being violative of Article 14 of the Constitution, deserve to be declared as unconstitutional.

20. The contention of learned counsel for the respondent no.1, that the students, who have studied in the foreign countries are not meritorious, can safely be said to be totally misconceived, as the persons passing out from foreign country are required to pass out the exams conducted by the National Board of Examinations to prove their knowledge and competence. Once persons clear that examinations, it cannot be said that student is incompetent, nor it is permissible in law to allow incompetent persons to undertake internship training and play with the life of patients. The argument raised is thus, argument in desperation, which deserves to be noticed to be rejected.

21. Consequently, this writ petition is allowed. The impugned condition of "non-stipendary" in the order is quashed. A writ in the nature of VINOD K.SHARMA,J., vri/ar Mandamus is issued, directing the respondent nos.2 to 4 to pay stipend to the petitioner at the rate of Rs.7,600/- (Rupees Seven Thousand and Six Hundred only) per month with effect from 15.02.2012 and continue paying him the stipend till completion of CRRI training at Stanley Medical College Chennai.

22. No costs. Connected miscellaneous petitions is closed.

vri/ar To

1. THE ACADEMIC OFFICER, THE TAMIL NADU DR.MGR MEDICAL UNIVERSITY, NO.69, ANNA SALAI, GUINDY CHENNAI-600 032.

2. THE DIRECTOR OF MEDICAL EDUCATION KILPAUK, CHENNAI-600 010.

3. THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE (MCA1) DEPT., SECRETARIAT, FORT ST. GEORGE, CHENNAI - 600 009.

4. THE DEAN STANELY MEDICAL COLLEGE, CHENNAI 600 001