The Madras High Court has recently reaffirmed that a stipend is a statutory right of post-graduate medical students working in college hospitals during their courses. The court's decision came while dismissing the appeals of two private medical colleges in Puducherry - Mahatma Gandhi Medical College and Research Institute, and Aarupadai Veedu Medical College Hospital - who had challenged a single judge's order directing them to pay stipends to a group of PG students with fee payment disputes.

The dispute arose when a group of PG students at the institutes raised grievances regarding the payment of stipends for the years 2017-18 to 2019-20. The single judge had ruled in favour of the students, ordering the colleges to pay the stipends within four weeks. Dissatisfied with the ruling, the institutions moved the present appeal, arguing for an equitable set-off towards the pending fees from the students.

The colleges contended that if PG students were to receive stipends, they must also be aware of their responsibility to pay the education fees specified in the brochure. They also raised concerns that if the stand of the colleges was accepted by the Supreme Court, it would be challenging to recover fees from students who have already left the colleges, and in some cases, the country.

However, the first bench of Chief Justice Sanjay Vijaykumar Gangapurwala and Justice PD Audikesavalu firmly rejected the contention of equitable set-off. The court emphasized that stipend payment for PG medical students is a statutory obligation of the medical college, and it is the right of the students to receive stipends. The bench dismissed the appeals and directed the colleges to fulfil their duty and pay the stipends to the students within six weeks.

This ruling by the Madras High Court reaffirms the importance of recognizing stipends as an essential right of post-graduate medical students and ensures that they receive the compensation they are entitled to for the work they perform during their courses.

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Rajesh Kumar