GAURANG SHAH Vs. AHMEDABAD MUNICIPAL CORPORATION

JUDGEMENT

(1.) This petition under Art. 226 challenges the decision of the respondents to forfeit one month's stipend of the Resident Doctors at Sheth K.M. School of Postgraduate Studies in Medicine and Research Hospital as communicated to them under letter dated 17.10.1984 of the Superintendents of the respective hospitals and the decision of the respondents to deny residency and refuse admission to PG Medical course at the aforesaid institution unless the applicants sign an undertaking in the proforma at Annexure "A" to the petition. The petitioners have also prayed for directing the respondents to refund the amount of one month's stipend forfeited as per the aforesaid decision.

(2.) In response to the notice, Superintendent of V.S. Hospital and Director of School of Postgraduate Studies has filed the affidavit in reply on behalf of all the respondents.

(3.) The learned counsel for the petitioners has contended that the decision to forfeit stipend is unconstitutional and illegal because (i) the undertaking and the conditions of appointment contained unjust terms in respect of which the petitioners had no bargaining powers (ii) the petitioners, who were residents at the aforesaid hospital, had remained absent from duty for only five days between October 17 and October 21 of 1984 and therefore, the respondents could not have forfeited one month's stipend.