Case Note & Summary
The petitioner, Dr. Samhita Ullod, an Ayurvedic medical student, migrated from Sri. B.M. Kankanawadi Ayurveda Mahavidyalaya, Shahpur, Belgaum to the Government Ayurvedic College, Bengaluru. The migration was permitted subject to a condition that she would not be entitled to receive stipend during the internship period. The petitioner challenged this condition, arguing that other similarly migrated students were not saddled with such a condition and were permitted to draw the stipend, thus she was discriminated against. The respondents, represented by the State of Karnataka and other authorities, filed a Statement of Objections opposing the relief, contending that the petitioner had agreed to the condition and thus could not turn around and complain. The court, after hearing both sides, found that the condition imposed on the petitioner was discriminatory and arbitrary, as it singled her out without any reasonable basis. The court held that the condition violated Article 14 of the Constitution of India, which guarantees equality before the law. Consequently, the court quashed the Government Order dated 15.3.2013 insofar as it imposed the condition denying stipend to the petitioner, and directed the respondents to treat the petitioner at par with other migrated students for the purpose of internship stipend.
Headnote
A) Constitutional Law - Right to Equality - Discrimination - Article 14 of the Constitution of India - The petitioner, an Ayurvedic medical student who migrated from one college to another on condition of not claiming internship stipend, challenged the condition as discriminatory since other migrated students were allowed stipend. The court held that the condition was arbitrary and discriminatory, violating Article 14, and quashed the condition. (Paras 1-3)
Issue of Consideration
Whether the condition imposed on the petitioner, a migrated Ayurvedic medical student, denying her internship stipend while other similarly migrated students are allowed stipend, is discriminatory and violative of Article 14 of the Constitution of India.
Final Decision
The court allowed the writ petition, quashed the Government Order dated 15.3.2013 insofar as it imposed the condition denying stipend to the petitioner, and directed the respondents to treat the petitioner at par with other migrated students for the purpose of internship stipend.
Law Points
- Discrimination
- Estoppel
- Contractual Condition
- Stipend
- Migration
- Ayurvedic Education
Case Details
2019 LawText (KAR) (02) 16
Writ Petition No. 25176 of 2017 (EDN-RES)
Sri. Vishwanath R Hegde (for petitioner), Smt. Pramodhini Kishan, AGA (for respondents)
The State of Karnataka, Department of Health and Family Welfare; The Director, Directorate of AYUSH; The Under Secretary to Government, Dept of Health & Family Welfare; The Principal, Sri Jayachamarajendra Institute of Indian Medicine, Government Ayurvedic Medical College
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging a condition in a government order that denied internship stipend to a migrated Ayurvedic medical student.
Remedy Sought
Quashing of the Government Order dated 15.3.2013 insofar as it imposes a condition that the petitioner shall not be entitled for receiving stipend during internship period.
Filing Reason
The petitioner, a migrated Ayurvedic medical student, was subjected to a condition denying her internship stipend while other similarly migrated students were allowed stipend, which she alleged was discriminatory.
Issues
Whether the condition denying internship stipend to the petitioner is discriminatory and violative of Article 14 of the Constitution of India.
Submissions/Arguments
Petitioner argued that she was discriminated against as other similarly migrated students were permitted to draw stipend.
Respondents argued that the petitioner had agreed to the condition and therefore cannot turn around and complain.
Ratio Decidendi
A condition imposed on a migrated student denying internship stipend, while other similarly situated students are allowed stipend, is arbitrary and discriminatory, violating Article 14 of the Constitution of India. The fact that the student agreed to the condition does not estop her from challenging its discriminatory nature.
Judgment Excerpts
An Ayurvedic medical student, who having migrated from Sri. B.M.Kankanawadi Ayurveda Mahavidyalaya, Shahpur, Belgaum to the Government Ayurvedic College, Bengaluru, on the condition of not claiming the Internship Stipend is grieving that she has been discriminated inasmuch as other similarly migrated students are not saddled with such a condition and that they are permitted to draw the stipend.
The respondents having entered appearance through the learned AGA Smt. Pramodhini Kishan have filed a Statement of Objections opposing the grant of any relief to the petitioner mainly on the ground that she had agreed to the said condition subject to which migration was permitted and therefore, the petitioner cannot turn around and complain.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The respondents filed a Statement of Objections. The court heard both sides and delivered the order on 18.02.2019.
Acts & Sections
- Constitution of India: Article 14, Article 226, Article 227
