1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.453/06 Keshar Dev Choudhary & Ors. vs. State & Ors. S.B. CIVIL WRIT PETITION NO.7837/06 Vinod Saini & Ors. vs. Chief Secretary & Ors. Date of order : 20/1/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Smt. Anuradha Soni ) Shri Vijay Yadav ) for the petitioners. Shri M.F. Beg, Addl. Govt. Counsel for the respondents. ****** These writ petitions have been filed by students of B.A.M.S., who were undergoing the internship in the Indian System of Medicines (Ayurveda) with the respondent Madan Mohan Malviya Government Ayurveda College, Udaipur. Their contention is that they should be paid stipend in the sum of Rs.3,500/- at par with those who are students of M.B.B.S. and undergoing internship in the Modern System of Medicines (Allopathy). Smt. Anuradha Soni, learned counsel for the petitioner invited attention of the Court towards the judgement of this Court in the writ petition filed by similarly 2 situated students being S.B. Civil Writ Petition No.414/09 decided on 29.4.09. The aforesaid writ petition was allowed on the analogy of the earlier judgement of this Court in S.B. Civil Writ Petition No.755/04, Dr. Vedwati Pareek & Ors. vs. State & Ors. It is submitted that the appeals filed against the aforesaid judgement were dismissed and compliance was made by the respondents and those petitioners were paid stipend in the sum of Rs.3,500/- at par with the interns of M.B.B.S. In this connection, learned counsel for the petitioners produced for perusal of the Court copy of the order No.P25(36)Ayu./2009 dated 24.12.09 issued by the Government of Rajasthan in its Department of Ayurved and Indian Medicine, by which from 2009 onwards, amount of Rs.3,500/- was started being paid as stipend to interns of B.A.M.S. as well. The aforesaid order is taken on record. A copy of the said order was also endorsed to Principal, Madan Mohan Malviya, Government Ayurved College, Udaipur. Shri M.F. Beg, learned Addl. Govt. Counsel opposed the writ petition and 3 submitted that the inters of B.A.M.S. cannot be taken as similar to P.G. students. This Court while deciding the writ petition in Dr. Vedwati Pareek, supra held that there can be no discrimination with the students of Modern System of Medicines (Allopathy) and Indian System of Medicines (Ayurved). If that is allowed to be done, no one would opt P.G. course for Ayurved. The respondents although on their own have now for the inters of B.A.M.S. for the academic year 2009 onwards, granted such stipend and they cannot be even otherwise allowed to discriminate against the petitioners, who are identically situated candidates. In the result, this writ petition is allowed. The respondents are directed to pay to the petitioners internship stipend in the sum of Rs.3,500/- per month at par with what is being paid to the other interns of M.B.B.S as well as B.A.M.S. from the academic year 2009 onwards. It is however made clear that this judgement would not apply to the students who did not file the writ petition at the time when they were still undergoing the 4 internship in B.A.M.S. Compliance of the judgement shall be made within a period of months from the date its copy is produced before the respondents. Both the writ petition are accordingly allowed. (MOHAMMAD RAFIQ), J. RS/