HARISH KHUBCHANDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH the petitioners are the students, who opted for further studies of Post Graduation in Medical Faculty. The prayers in Special Civil Application No. 5336 of 2003 are to issue appropriate writ or directions to the respondent authority to pay stipend to the petitioners from the date of their joining the Post Graduation Diploma Course and to declare the action of the respondent authority for not paying stipend as illegal and violative of principles of natural justice as well as Articles 14 and 21 of the Constitution of India. In Special Civil Application No. 9515 of 2002, similar prayer has been made to declare the inaction to pay stipend to the petitioner as illegal and the prayer is also made to direct the respondent to release the stipend to the petitioner after 31. 5. 2002 onwards.

(2.) IT deserves to be recorded that in both the petitions, no interim relief was granted directing the respondents to pay stipend.

(3.) WHEN the matter is taken up for final hearing, the learned AGP, Ms. Patel has placed on record a copy of the Government Resolution dated 27. 2. 2004, taking policy decision to pay stipend to the resident doctors, who undertake studies of Post Graduation in Medical Faculty and the rates of stipend are restored as they were vide earlier Resolution dated 17. 10. 2002 of the State Government.