THE JUNIOR DOCTORS ASSOCIATION (INDIAN MEDICINES) INSTITUTE OF MEDICAL SCIENCE Vs. BANARAS HINDU UNIVERSITY

JUDGEMENT

(1.) BY means of the present writ petition under Article 226 of the Constitution the association of students studying M.D. Course in Banaras Hindu University in the Faculty of Ayurveda have sought a writ of mandamus commanding the respondents to pay the same stipend to the Ayurvedic students undergoing the M.D. Course for three years which is being paid to the students undergoing the similar corresponding M.D. Course of three years of Modern Medicine in the Institute of Medical Sciences, Banaras Hindu University, Varanasi. The facts in brief are that the College of Ayurveda in the University was established in the year 1927. The said College was established for the purpose of imparting education in Ayurveda (Indian Medicine) and it was first of its kind. The Undergraduate Course in Ayurveda, which was of five years duration like the M. B. B. S. Course was abolished in the year 1960 and in the year 1963 a Post Graduate Institute of Indian Medicine was established for imparting only M.D. Course, namely, Post Graduate Course, the said Institute of Post Graduate Course of Indian Medicine was taken over by the University Grants Commission in the year 1979 and the University Grants Committee appointed a committee headed by Dr. M.L. Dwivedi to look after the non -plan expenditure and other aspects including the recommendations about the residency scheme for the Post Graduate students of Ayurveda. In the year 1978 the Post Graduate Institute of Indian Medicine was merged with the Institute of Medical Sciences of Modern Medicines and a new Faculty of Indian Medicine was established. It was renamed as Faculty of Ayurveda in the year 1985. Thus, there are two Faculties in the Banaras Hindu University; one being Faculty of Modern Medicine and the other of Indian Medicine and both are complimentary to each other The M.B.S. Degree is recognised for the purposes of award of a degree in Indian Medicine. The Faculty of Ayurveda consists of 8 departments. Like the M.D. Course in Modern Medicine, in Indian Medicine also after Graduation Degree students study for three years and then on completion of the paid term he can obtain M.D. Degree. Thus, the students of Modern Medicine and the Indian Medicine are similarly situated.

(2.) THE petitioners are aggrieved by the different stipends which are being paid to the students of Modern Medicine and the students of Indian Medicine. The stipend which is being paid to the students of Modern Medicine is much more than the stipend which is being paid to the students of Indian Medicine.

(3.) FROM the aforesaid facts it is clear that there is a parity in the status and privileges in the Post Graduate Course of Ayurveda and Modern Medicine. Both the departments are an integral part of the Institute and as such there is no justification or basis to deny the same stipend to the students of Indian Medicine, which is being paid to the students of Modern Science. Fixation of different stipends for the two category of Junior Doctors has no reasonable nexus and is in the teeth of concept of equality enshrined in Article 14 of the Constitution. No counter -affidavit has been filed on behalf of the Union of India. The University has been strongly recommending the case of the Junior Doctors in Indian Medicine for being paid the same stipend which is being paid to the students of Modern Medicine. There is no reasonable basis for denying the same stipends to the doctors doing Indian Medicine course. As such the University Grants Commission is directed to pay the same stipend to the Junior Doctors doing Indian Medicine Course in the Institute of Medical Sciences Banaras Hindu -University which is being paid to the Junior Doctors who are studying in the Modern Medicine Course. The Scheme shall be enforced with effect from the 1st of January, 1993. With the aforesaid directions, the writ petition succeeds and is allowed. There shall be no order as to costs.