Case Note & Summary
The dispute arose from a writ petition filed by approximately 45 post-graduate students of M.D. (Unani) before the High Court of Delhi, claiming that their stipend was significantly lower than that of their counterparts in modern medicine. The students highlighted that while post-graduate students of modern medicine received Rs.10,050 plus additional allowances, those in the Indian system of medicine were only given Rs.2,800. The learned single judge of the High Court directed that there should be parity in stipend payments. However, the Union of India appealed this decision, and the Division Bench of the High Court set aside the single judge's order. The appellants then approached the Supreme Court. During the proceedings, it was noted that the Union of India had made some adjustments to the stipend disparity based on recommendations, but this was only for a five-year period, which had already lapsed for the appellants. The Union expressed its inability to financially support stipends for students in the Indian system of medicine managed by private or state governments. The Supreme Court, after hearing the arguments, decided not to pass any orders in the appeal, indicating that the authorities could consider the claims of current students if permissible under their rules. The court found no reason to interfere with the High Court's order and disposed of the appeal without costs, leaving the matter open for future consideration by the appropriate authorities.
Headnote
A) Administrative Law - Stipend Disparity - Consideration of Stipend Parity - Not applicable - The court noted that the Union of India had reduced the stipend disparity but only for a limited period and expressed that it could not bear the financial burden for all students. The court left the matter open for consideration by appropriate authorities regarding current students, without passing any orders in the appeal. Held that no interference with the impugned order was warranted (Paras 1-5).
Issue of Consideration
Whether the stipend disparity between post-graduate students of Indian system of medicine and modern medicine should be addressed.
Final Decision
The Supreme Court dismissed the appeal, finding no reason to interfere with the High Court's order and leaving the matter open for consideration by appropriate authorities regarding current students.
Law Points
- Stipend parity
- Writ petition
- Administrative discretion
