Allahabad High Court
Dr.Manish Agarwal vs State Of U.P.Through ... on 25 September, 2014
Bench: Ravindra Singh, Vishnu Chandra Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. -7 Reserved on 12.8.2014
Delivered on 25.09.2014
Case :- MISC. BENCH No. - 3393 of 2000
Petitioner :- Dr.Manish Agarwal
Respondent:- State of U.P. Through Secy. Medical Education & Training
Counsel for Petitioner :- Pawan Kumar Mishra
Counsel for Respondent :- Sandeep Dixit
Hon'ble Ravindra Singh,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard Shri Pawan Kumar Mishra, learned counsel for the petitioner and the learned Standing counsel.
By means of the present writ petition, the petitioner has sought following reliefs"-
(a) Issue a writ in the nature of certiorari quashing the order impugned dated 23.10.1999 as contained in Annexure no. 1 to this writ petition).
(b) Issue a writ in the nature of mandamus commanding the opposite parties to release the petitioner's arrears of stipend w.e.f. June, 1995 upto the month of January, 1996 forthwith which shall be highly in the interest of justice.
Perusal of the order impugned reveals that petitioner appeared in Post Graduate Medical Entrance Examination (PGMEE), 1992. He was allotted a seat in M.D. (Radio Diagnosis) Course in Medical College, Lucknow. On merit-cum-option basis, the post was re-allotted and he was given course of M.S. (Orthopedics) in Medical College, Kanpur. On the basis of aforesaid reallotment, the petitioner joined on 13.1.1993 in Medical College, Kanpur. He was paid stipend by the Principal, Medical College, Kanpur from the date of first allotment for a period of three years. The petitioner claimed stipend from the date of re-allotted course in M.S. (Orthopedics)He was commencing from 13.1.1993 on the basis of judgment delivered by this Court in Writ Petition No. 4 (M/B) of 1997, Dr. Vivek Goel Vs. State of U.P. and others.
In compliance with order dated 22.12.1998 passed by this Court in writ petition no. 177 (S/B) of 1998 filed by the petitioner the Director General, Medical Education and Training, Uttar Pradesh, Lucknow vide its order impugned dated 23.10.1999 rejected the petitioner's representation on the ground that a candidate can not be allowed stipend from the date of re-allotment and Resident cannot be granted the benefit of judgment delivered by this court in writ petition 4 of 1997 (S/B) because in this case the process of allotment of seat has not been revived and no fresh allotment/re-allotment was made after order of the Court, as such the candidate would be entitled for stipend only for three years and not beyond. In the impugned order it has also been mentioned that the petitioner is related to PGMEE,1992 Examination, in which none of the candidates has been paid the stipend of more than three years.
It has not been pleaded either in the representation (Annexure no. 5 to this writ petition) or in present writ petition that earlier allotment of seat made to the petitioner was not on account of mistake of the petitioner or it was due to non implementation of reservation policy or Junior Resident's scheme or at the fault of the institution or
In this case no counter affidavit has been filed by the opposite parties.
Learned counsel for the petitioner has placed reliance on the decision given in Writ Petition No. 3277 of 2001 (M/B), Dr. Manish and others Vs. State of U.P. and others; wherein this Court after relying upon the judgment of Writ Petition No. 4 of 1997 (S/B) disposed of writ petition allowing the stipend over and above three years to the Junior Residents. The operative portion of the judgment of aforesaid writ petition is reproduced hereineblow:-
"In view of the discussions held above, all the above noted writ petitions are allowed and the opposite parties are directed to pay the stipend to the petitioners as Junior Residents during the period of three years of course of study of M.D.M.S. reckoning it from the date they have been allotted the correct subjects of courses of study without adjusting the period of course they had undergone in different subjects wrongly allocated due to wrong implementation of reservation policy. So far petitioners in writ petition no. 84 of 1997 (SB), writ petition no. 202 of 1997 (SB) and writ petition no. 132 (SB) of 1997 are concerned whose course of study has come to an end and examinations have been held. If necessary, they would be allowed to complete the period of three years as Junior Resident but would not be entitled for any stipend if the courses are over and the examinations were held. It is further provided that the opposite parties shall clear off the arrears of amount of stipend which may not have been paid to the petitioners or may have been stopped being paid during the currency of the Post Graduate Courses, within a period of two months from today. Writ Petition No. 326 (SB) of 1997 (Dr. Manoj Rajani and Another) and writ petition no. 329 (SB) of 1997 (Dr. Pramod Kumar Jain) which have been filed fresh and have come before us today out of which writ petition no. 326 (SB) of 1997 relates to Kanpur Medical College and writ petition no. 329 (SB) of 1997 which relates to Agra Medical College they also stand finally disposed of in the same manner as indicated above".
We are also informed that the said judgment has been implemented, and thus, the petitioners would also be entitled to get the same benefits irrespective of undertakings, if any, obtained from them that they would not claim payment of stipends during the pursuance of present P.G. Courses allotted in subsequent counsellings in order of merit. It appears that the undertakings have been given under some compulsion which otherwise ought not to have been asked for."
On the strength of the aforesaid decision, the learned counsel for the petitioner submitted that the petitioner is entitled to receive stipend for the entire period of residency.
Normally, for the post graduate course, three years' stipend is provided to the Junior Residents as per scheme. The crux of the matter is that if the candidate has been allowed admission wrongly in other courses and later on he was allotted the correct course for study on the basis of merit-cum-option, the benefit of stipend would be started from the date of allotment of correct course and in such situation, if any stipend is paid in connection of earlier allotment wrongly given, the benefit of payment of three years stipend will start from the date of fresh allotment and the period earlier spent by the candidate would not be counted and the payment made earlier was not subject to adjustment.
Considering the facts and circumstances of the case, we are of the view that petitioner failed to demonstrate that order which has been passed in Writ Petition No. 4 of 1997 (S/B) has not been properly implemented by opposite party no. 2 while rejecting his representation by impugned order (Annexure no. 1 to this petition) Hence, this writ petition sans merit and is accordingly dismissed. There shall be no order as to costs.
GSY
Dated:25.09.2014
