PARVESH TANWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are the students of three year Post- Graduate Ayurveda Vachaspati/MD/MS Course in the Himachal Pradesh Govt. Institute of Post-Graduate Education and Research in Ayurveda Paprola, Tehsil Baijnath, District Kangra (hereinafter called the Institute). Their grievance is that they are not being paid the amount of stipend at the rate at which it is paid to the Post-Graduate students of Indira Gandhi Medical College and they have prayed for the following reliefs :

(2.) It is not in dispute that the Institute is being run by the Government of Himachal Pradesh and permission to run the same has been granted by the Central Council of Indian Medicines, Institutional Area, Janakpuri, New Delhi (hereinafter called the Council) to the Government of Himachal Pradesh as also the Himachal Pradesh Unversity. The Ayurveda Vachaspati/MD/MS Course in Kayachikitsa was started in the Institute from the session 1998-99, with effect from December, 1998 with six students and in Shalya Tantra speciality from the session 1999-2000 with effect from March. 2000, with intake capacity of four students and by letter dated 24-8-2000, the permission for conducting Ayurveda Vachaspati/ MD/MS Courses has been extended for the year 2000-2001 to all the three courses i.e Kayachikitsa, Shalya and Shalakya, with intake capacity of six, four and four students, respectively. The prospectus issued by the University on behalf of the Institute provides for the payment of stipend. Appendix- 1 to the Indian Medicines Central Council (Post-Graduate Education) Regulations, 1979 provides for the standards and curriculum for Post-Graduate courses in Ayurveda. It was amended vide notification dated 15-7-1995, Annexure R-I to the reply of the Council, and under the heading "Facilities for Post-Graduate Students", in the Appendix, it is provided that the students should be provided stipend and contingency at the rates prevailing in the State for other medical post-graduate students. It is :

(3.) The Govt. of India, Ministry of Health and Family Welfare, Department of Indian Systems of Medicine and Homeopathy through its communication dated 13-3-2000 has circulated to all the Institutes/Departments, for necessary action, the recommendations accepted in the meeting of the Secretaries/Directors of the State Governments /Union Territories held on 2-3rd December, 1999. The recomendations in paragraph 13 are : "P. G. Education in ISM&H should be promoted. The rate of stipend to the M.D. (ISM&H) students in the State/Central Scheme should be at par with the student of M.D. Allopathy in the States."