Dr.Nagoor Meeran v. The Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ Writ Petition No.32383 of 2014 & W.M.P.Nos. 1 and 2 of 2014

1. Dr.Nagoor Meeran

2. Dr.Amit Kumar

3. Dr.B.Satish Babu

4. Dr.Vijay

5. Dr.Asher Ennis Nayagam

6. Dr.Boopathi Raja

7. Dr.P.Chandrasekhar Reddy

8. Dr.Koppara Naveen Kumar

9. Dr.Sreedhar Babu

10. Dr.B.Vijaychander

11. Dr.A.Ramakanth Reddy

12. Dr. M.Hanumanth Reddy

13. Dr.Ashok Kumar Anneppu

14. Dr.Saketh

15. Dr.Raja.K

16. Dr.Saurabh Patil

17. Dr.Y.Yuvaraju

18. Dr. N.Premanand

19. Dr.M.Manoj Kumar

20. Dr.Bharath

21. Dr.Malyadri P

22. Dr.Shyam M

23. Dr.Atish Bakane

24. Dr.Kumaran S

25. Dr.Sai Priya

26. Dr.Sucitra

27. Dr.Sindhoori

28. Dr.Shravan Kumar C H

29. Dr.Venkateshwaralu

30. Dr.Srinivasa Reddy Jakkaireddy

31. Dr.Aarthi Balaji

32. Dr.Harikishan

33. Dr.B.Satishkumar

34. Dr.Bawa Bahrudeen

35. Dr.Hiren Sarma

36. Dr.Muni Theja P

37. Dr.Ankush Mohabey

38. Dr.Durgaprasad V

39. Dr.Vijaya Harinatha Reddy A

40. Dr.Anand Kumar

41. Dr.B A Pradeep

42. Dr.Sharif Ahmed

43. R.Nilay Chhasattia

44. Dr.K.Premalatha

45. Dr.Priyanka

46. Dr.Sunil A

47. Dr.Charutha

48. Dr. G.Sri Latha

49. Dr.Nithya Panangadon

50. Dr.P.Gayathri

51. Dr.Archana S.K

52. Dr.P.Vijayakumar

53. Dr.Anjali R

54. Dr.Kiran Naik

55. Dr.Susma M N

56. Dr.D.Manikandan

57. Dr.Raghavendra

58. Dr.Deepthi.R

59. Dr.Bhavani.A

60. Dr.Swathi.S

61. Dr.Anitha.R

62. Dr.CH.Kiran Sri

63. Dr.Karunabhumi Reddy

64. Dr.Meenu Priyadarshini

65. Dr.Nithya L.R

66. Dr.Nivethitha.P

67. Dr.Varun Nabhoya Petitioners 1 to 67 are DNB Students, Southern Railway Head Quarters Hospital , Aynavaram, Perambur, Chennai-23.

...Petitioners

-Vs-

1. The Union of India, Rep. by the Secretary to Government, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi.

2. The Director National Board of Examinations (Ministry of Health and Family Welfare, Govt. of India) NAMS Building,Ansari Nagar, Mahatma Gandhi Marg , New Delhi-110029.

3. The Chairman, Railway Board, Rail Bhavan, New Delhi.

4. The Deputy Director (Health), Railway Board, Rail Bhavan, New Delhi.

5. The Chief Medical Director, Southern Railway, Moore Market Complex, Chennai-600 003.

6. The Medical Director, Southern Railway Head Quarters Hospital, Ayanavaram, Perambur, Chennai-600 023.

7. The Additional Chief Health Director & DNB Coordinator, Southern Railway Head Quarters Hospital, Aynavaram, Perambur, Chennai-23.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing respondents 3 to 7 from implementing the revised fee structure and stipend guidelines prescribed by the National Board of Examinations and adopted by the Railway Board as contained in the Letter of the 4th respondent dated 31/10/2014 and the consequent circular issued by the 7th respondent dated 24/11/2014

For Petitioners: M/S. V.S.Manimekalai For R-1 & R-2 : No appearance For R-3 to R7 : P.T.Ram Kumar (Standing Counsel)

O R D E R

Writ petition is filed seeking a Writ of Mandamus, forbearing the respondents 3 to 7 from implementing the revised fee structure and stipend guidelines prescribed by the National Board of Examinations and adopted by the Railway Board as contained in the Letter of the 4th respondent dated 31/10/2014 and the consequent circular issued by the 7th respondent dated 24/11/2014.

2.The petitioners are the students undergoing Super Specialty and Broad Specialty Courses in Southern Railway Head Quarters Hospital, Perambur. This Course is equivalent to the Post Graduate Degree course and they are entitled to stipend as decided by the National Board of Examinations. Somewhere in 2014, the Railway hospital sent a communication that they have decided to adopt the modified fees and stipend guidelines for DNB training on par with the Indian Railway Medical set up. According to the petitioners, the stipend prescribed is a basic amount and it cannot be lesser than the amount fixed by the National Board of Examinations and that demand was raised to pay on par with the junior resident doctors. However, this matter was dealt with by this Court in detail in a batch of writ petitions. Ultimately, in Writ Appeal No.

212 of 2021 dated 02.03.2021, the Division Bench of this Court has given a direction to the respondents to settle the issue without driving the students to the Court. Accordingly, the writ petitioners are entitled to stipend payable on par with the junior resident doctors working in Railway Hospital at Chennai.

3. The learned counsel for the respondents would submit that by virtue of the interim order granted by this Court, they have not reduced the stipend and the petitioners have completed the Course and left the institution. Considering the prayer made in the writ petition that a direction forbearing the respondents from implementing revised fee structure and stipend guidelines prescribed by the National Board of Examination and adopted by Railway Board by way of letter dated 31.10.2014 and the consequent circular issued by the 7th respondent dated 24.11.2014 is concerned that has become infructuous, as the stipend was paid without any reduction. Therefore, nothing survives for adjudication in this writ petition. However, respondents are directed to act in compliance with the direction issued in the

case of similarly placed persons in Writ Appeal No. 212 of 2021 dated 02.03.2021 and to take appropriate action.

4. Writ petition disposed of with the above observations. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sha/kpr To

1. The Secretary to Government, Union of India, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi.

2. The Director National Board of Examinations (Ministry of Health and Family Welfare, Govt. of India) NAMS Building, Ansari Nagar, Mahatma Gandhi Marg , New Delhi-110029.

3. The Chairman, Railway Board, Rail Bhavan, New Delhi.

4. The Deputy Director (Health), Railway Board, Rail Bhavan,, New Delhi.

5. The Chief Medical Director, Southern Railway, Moore Market Complex, Chennai-600 003.

6. The Medical Director, Southern Railway Head Quarters Hospital, Ayanavaram, Perambur,Chennai-600 023.

7. The Additional Chief Health Director & DNB Coordinator, Southern Railway Head Quarters Hospital, Aynavaram, Perambur, Chennai-23.

+1cc to M/s.P.T.Ramkumar, Advocate, S.R.No.10850 W.P.No.32383 of 2014 & W.M.P.Nos. 1 and 2 of 2014 SKM(CO) RGA(29/03/2022)