Pay PG medicos on par with GMC students: Madras HC directs Annamalai University

Annamalai University was established in the year 1929, and the medical college was started during 1981 and 1985. The counsel for the university submitted that due to mismanagement and maladministration, the Tamil Nadu Government took over the University, and initially, the University was run as a self-financing college, and no financial assistance was received from the Government.

Under G.O.Ms.No.16 Higher Education (H1) Department, dated 27.01.2021, the medical college was taken over by the Government and via G.O.No.45, the Health and Family Welfare (MCA-2) Department, dated 27.01.2021, the medical college was renamed as Cuddalore Medical College. It was argued by the University that the post-graduate students were wrongly claiming stipend and their claim was misconceived as the G.O.Ms.No.307 dated 25.07.2018 does not apply to Annamalai University and the PG students are eligible to get stipend only as per the University syndicate resolution. 

On the other hand, the counsel for the PG students submitted that as per the NMC guidelines under clause 13.3, the Post Graduate students shall be paid stipend at par with the students of the Government Medical Colleges. Further, the counsel argued that G.O.Ms.No.307 dated 25.07.2018 does not differentiate between the Government Medical College and Private Medical Colleges. Apart from that, the NMC guidelines will have the force of statute.

Therefore, the G.O.Ms. No.307 dated 25.07.2018 will bind upon the Annamalai University, argued the counsel for the students. Further, the counsel contended that the syndicate resolution would in no way supersede the concerned G.O. Ms. No. 307 dated 25.07.2018. 

Meanwhile, the Government supported the students who filed the plea before the HC bench and argued that the Annamalai University was liable to pay such stipend to the Post-Graduate students.

While considering the matter, the HC bench took note of the concerned Government Order and noted, "On harmonious reading of the above Government Order, it directed for the enhanced stipend and this Court does not find any distinction between the Government medical colleges and the private medical colleges."

At this outset, the bench also referred to clause 13.3 of the erstwhile Medical Council of India, Post Graduates Medical Education Regulations, where the Medical Council directed that the postgraduate students of the private medical colleges shall be paid remuneration at par with the remuneration being paid to the postgraduate students of the State Government Medical Institutions/Central Government Medical Institutions.

The said regulations mention, "The post graduate student of the institutions which are located in various States/Union Territories shall be paid remuneration at par with the remuneration being paid to the Post Graduate students of State Government medical institutions / Central Government Medical Institutions, in the State/Union Territory in which the institution is located. Similar procedure shall be followed in the matter of grant of leave to Post Graduate Students."

Taking note of the G.O and the PGMER, the HC bench observed,

"Therefore, on a combined reading of G.O.Ms.No.307, Health and Family Welfare (MCA-2) dated 25.07.2018 and clause 13.3 of NMC regulations, it is apparent that the private medical college students are entitled to get stipend at par with the Government Medical College students. Even for arguments sake if we consider that the G.O.Ms.No.307, dated 25.07.2018, does not speak about the private medical college students, the NMC regulations makes it more clear that the private collage students are also entitled to get stipend at par with the Government Medical college students. Therefore, in accordance with NMC regulations, the PG medical students are eligible to seek claim in accordance with G.O.Ms.No.307 dated 25.07.2018."

The Court noted that the main contention of the petitioner students was that the Annamalai University was not paying them a stipend as stipulated under G.O.Ms.No.307 dated 25.07.2018. At this juncture, the bench took note of the arguments made by the University's counsel, who contended that vide G.O.Ms.No.204 dated 26.10.2021, the Government directed the University to recover the stipend paid to the students.

The said G.O mentioned, "The stipend if anything has already been paid to the students of undergraduate and post graduate medical and dental programmes should be recovered as the fees has been re-fixed on par with self- financing college fees. Since there is no stipend paid even to the eligible students."

On the other hand, the counsel for the students referred to the G.O.Ms.261 Education (H1) Department, dated 21.11.2022, which mentioned, "The eligible non-service Post-Graduate students and CRRIs of erstwhile Annamalai University shall receive the eligible amount as stipend."

Taking note of these, the HC bench observed,

"Therefore, as per the G.O.No.261, dated 21.11.2022, the non service post-graduate students are eligible to receive their entitlement of a stipend. In view of the above detailed discussion, it is crystal clear that the Annamalai university post-graduate medical students are entitled to get stipend on par with the Government Medical College students, in line with G.O.Ms.No.307 dated 25.07.2018 and NMC regulations. Therefore, this Court is of the firm view that the Annamalai University is bound by G.O.MS.No.307 Health and Family Welfare (MCA-2) dated 25.07.2018."

Accordingly, the Court directed Annamalai University to pay the balance stipend amount to the peritioner students as per G.O.MS.No.307, Health and Family Welfare (MCA-2), dated 25.07.2018.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/stipend-madras-hc-297797.pdf

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