Abbas Ali Khan &
Ors. Vs. Union of India  INSC 1033 (7 July 2008)
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4263 OF 2008 (@SPECIAL
LEAVE PETITION (CIVIL)NO.13292 OF 2006) ABBAS ALI KHAN & ORS. Appellant(s)
VERSUS UNION OF INDIA Respondent(s) ORDER
45 post-graduate students of M.D.(Unani) have filed a writ petition before
the High Court of Delhi contending that the stipend being given to them
was very much low as compared to the stipend given to the post-graduate
students of the modern medicine. It was contended that the post-graduate
students of modern medicine were getting Rs.10,050/- plus D.P.,D.A.,C.C.A.
and H.R.A. whereas the post-graduate students of Indian system of medicine
were being given only Rs.2,800/-. The learned single Judge was pleased to
direct that there should be parity in the matter of payment of stipend to
the post-graduate students of Indian system of medicine and also the
modern system of medicine. Against that the Union of India has filed an
LPA before the High Court and the Division Bench of the High Court was
pleased to set aside the order of the learned single Judge. Against this,
the appellants have come before this Court by way of this appeal.
learned senior counsel for the appellants and also learned Addl. Solicitor
may be noticed that during the pendency of these proceedings, the Union of
India has considered the matter on the basis of certain recommendations
and the width of disparity between the stipend payable to the
post-graduate students of the Indian system of medicine and the modern
system of medicine was reduced and these facts are stated in the counter
affidavit filed on behalf of Union of India but it was for a period of
five years only and that period has already elapsed in the case of the
appellants and it was decided by the Union of India that this increased
stipend would be payable to the post-graduate students of the Central
Universities and aided medical institutions run by the central government.
It was expressed that the central government was not in a position to
undertake the financial burden of the stipend to students who are pursuing
their post-graduation in the Indian system of medicine whether private or
the state governments managed across the country and it was for the
concerned authorities to find out that stipend is paid for the
post-graduate students of Indian system of medicine.
the instant case, the students who had filed the writ petition are
students of the years 1992-1996 and we do not think that any orders should
be passed in these proceedings. We make it clear that the authorities may
consider their claim if the same is permissible in terms of their rules or
instructions and proper directions be passed as regards the students who
are presently undergoing the post-graduate courses in the Indian system of
medicine. We find no reason to interfere with the impugned order.
Accordingly, the appeal is disposed of. No costs. We leave open the
question raised in this appeal to be considered by the appropriate
authorities as mentioned above.