IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11955 of 2001 Between: Dr.Y.Ravindranath S/o. Y.Sundarama Naidu R/o. D.No.5-5-325, Reservior Road. Tirupati, Chittoor District. ..... PETITIONER AND 1 The Principal Medical college, Tirupati, Chittoor District. 2 The registrar, NTR University, University of Health Service of A.P. Vijayawada. 3 Director of Medical Education Govt of A.P. Hyderabad. A.P., 4 Special Chief Secretary, Health, Medical & Family Welfare(B), Dept., Government of A.P., Secretariat Building, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a WRit, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings L.Dis.7701/MEA/2001, Dt.7.5.2001 of the Respondent No.3 as illegal, arbitrary and opposed to Articles, 14,15 & 16 of the Constitution of India and also null and void and consequently direct the respondent to pay the stipend with arrears forthwith to the petitioner; and pass. Counsel for the Petitioner:MR.R.V.CHALAPATHI Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following: Form-NIC-OGS/WP{JPK} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.11955 of 2001 ORDER: It is the case of the petitioner that after completing the M.B.B.S Degree in the year 1986-87 he has applied for P.G. Entrance Test in the year 1994-95 batch and got a seat in P.G. Diploma in Clinical Pathology (DCP) in the 1st respondent Medical college, Tirupati, Chottore District. It is stated that when a seat of P.G. Master Decree in Pathology has fallen vacant due to transfer of a student from 1st respondent Medical college to Osmania Medical College, he has requested the 2nd respondent-NTR University to admit him in the second year course of M.D. Pathology at 1st respondent Medical College, but his request was rejected. Aggrieved by the same, the petitioner ﬁled W.P.13333/96 which was dismissed, against which he has ﬁled Writ Appeal No.872/96 and the same was disposed of by the Division Bench of this Court with a direction to the concerned Registrar to consider and dispose of the application of the petitioner for admission against the vacant seat. Aggrieved by the said order, the 2nd respondent-NTR University carried the matter before the Supreme Court in Civil Appeal No.2975/97 and the Supreme Court by order dated 15.02.2000 disposed of the said civil appeal, directing the 2nd respondent to consider the directions of the Division Bench issued while disposing of the Writ Appeal No.872/96. Pursuant to the orders of the Supreme Court alone, the 2nd respondent-NTR University, vide his proceedings dated 29.06.2000 informed the 1st respondent Medical College that the petitioner is eligible to appear for the University ﬁnal examination of P.G.M.D Pathology by completing one year course. It is stated that as the petitioner has already got a seat in P.G. Diploma in Clinical Pathology and during pendency of the above said litigation he has completed two years diploma course, and pursuant to the orders of the Supreme Court, he was admitted in the post graduate course of pathology to complete the remaining one year course. Thus, it is stated that the petitioner has got admission in the third year P.G.M.D Pathology course pursuant to the orders of the Supreme Court of India, but he was not given the stipend on the ground that the Government passed the orders vide its Memo No.23228/B2/2000-01 HM & FW, dated 16.10.2000 that the individual has to study PG course in pathology at his own cost and therefore, the 3rd respondent-Director of Medical Education, Government of Andhra Pradesh vide the impugned letter dated 07.05.2001 rejected the grant of stipend to the petitioner. It is not in dispute that the petitioner completed P.G.Diploma course as non-service candidate and he was paid the stipend for 24 months i.e. for two years. His only grievance is that he is entitled for stipend for 3rd year P.G.Diploma Course as per the Rule-11(xii) of the 2nd respondent University of Health Sciences Rules for admission for the academic year 1994-95. Rule-11(xii) of the said Rules is extracted hereunder for the sake convenience: “Rule-11 ADMISSION RULES: (xi i ) Stipend: Stipends will be paid to the Post graduates as long as Government continue the existing schemes and who are regular in attendance and show good progress every month. The total period during which the students are paid stipends shall not exceed 36 months for degree course and 24 months for diploma course. (a) No P.G.Degree holders who enjoyed the stipend for 36 months in earlier is eligible for further stipend either to study P.G.Degree or P.G.Diploma in any specialty if selected. (b) No P.G.Diploma holder who enjoyed the stipend for 24 months earlier, is eligible for further stipend to study another P.G.Diploma in any specialty. However, the P.G.Diploma holder, if selected for P.G.Degree is eligible for stipend for another 12 months only and no candidate shall be eligible for stipend for more than 36 months for entire Post graduate study period.” A perusal of the aforesaid rule goes to show that all the non-service candidates are entitled for the stipend for a period of 24 months of two years Diploma course. The candidates are entitled for stipend for the total 36 months i.e. three years P.G. course. The entitlement for all kinds of diploma is only for 24 months and similarly the entitlement to get the stipend for any number of P.G. degrees is for a total period of 36 months only. In the instant case, the case of the petitioner falls under Rule 11 (xii)(b) of the said Rules, as the petitioner being a diploma holder selected for P.G degree and is eligible for stipend for another 12 months, as he has already enjoyed the stipend for 24 months for the diploma course. Therefore, there cannot be any justiﬁcation on the part of the respondents in not paying the stipend for the PG course of 3rd year for which the petitioner completed. However, pursuant to the interim orders of this Court, it is stated that the stipend for the 3rd year P.G course is already paid, and if that be so, the respondents are directed not to recover the stipend from the petitioner, if it is already paid. The Writ Petition is, accordingly, allowed. _____________________ V.ESWARAIAH,J Dated: 14.08.2008 Dsr ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Medical college, Tirupati, Chittoor District. 2 The registrar, NTR University, University of Health Service of A.P. Vijayawada. 3 Director of Medical Education Govt of A.P. Hyderabad. A.P., 4 Special Chief Secretary, Health, Medical & Family Welfare(B), Dept., Government of A.P., Secretariat Building, Hyderabad. 5 2. 2CCs to 6. 2CD copies