J&K HC | Appeal by two medical interns to claim stipend from Government Medical College, Srinagar fails

Jammu & Kashmir High Court: Gita Mittal, CJ dismissed a writ petition filed by two students claiming to be paid stipend for the internship they undertook at Government Medical College, Srinagar. 

The petitioners had filed a writ petition in 2009 through which they wanted to quash the condition incorporated in the order of their internship through which they could not claim any stipend as per a Government order on 23-07-2007. As per this order, stipend could only be paid to those interns who were selected for MBBS/BDS courses by the Board of Professional Entrance Examination. The petitioners wanted the respondents to pay the amount of stipend as was directed in terms of the Government Order dated 23rd July 2007, in the same manner in which it has been paid to those who were selected for MBBS course by the Board of Professional Entrance Examination.  

By an interim order on 7-02-2009, the respondents were directed to release the stipend in favour of the petitioners as per the Government order. 

The respondents filed an objection against this order, stating that the MCI guidelines provided that all efforts should be made by the controlling authorities that internships, as far as possible, happen in parent Medical College/Hospital in consonance with the applicable regulations. However, the candidates, who hail from the valley requested for doing an internship in the respondent college on the explicit understanding that they won’t be paid the stipend during the period of internship, which was also expressly mentioned in their order. Therefore, the petitioners were not entitled to the stipend as per the Government Order under challenge. It was further averred that the petitioners had undergone MBBS/BDS degree from a different college. They further contended that as there was no provision of funds for payment of stipend to the petitioners as the funds were provided for 100 students for payment of stipend to the students enrolled in Government Medical College, Srinagar. Further, they were not under any obligation to allow any candidate for undergoing an internship after completion of their MBBS/BDS course from outside the college within the state or abroad. 

As per the Government decision, only candidates who were undergoing MBBS/BDS courses in Government Medical College were to be paid stipend. The candidates from outside the Government Medical College and abroad were allowed to intern with the condition that they will not claim any stipend.

The Court accepted the arguments advanced by the respondents and held that the petitioners were not entitled to any relief made in the writ petition and dismissed it. [Sheikh Abid Ashraf v. State of J&K, 2019 SCC OnLine J&K 802, decided on 30-09-2019]

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