D.V. Sehgal, J. - (1.) The petitioners are undergoing the Course of Instructions for the Degrees of Doctor of Medicine (for short 'M.D.') and Master of Surgery (for short 'M.S.') awarded by the Punjab University, Chandigarh, in the Post Graduate Institute of Medical Education and Research, Chandigarh (for short 'the P.G.I.'). Through the present writ petition, they seek issuance of a writ in the nature of mandamus directing the respondents to release to them the stipend and other facilities as mentioned in the circular dated 22.4.1974 Annexure P. I issued by respondent No. 1, which circular according to the petitioners is applicable to all the Central Medical Institutions. Their grievance is that they have been denied the benefit of Residency Scheme adopted and implemented as per Annexure P. 2 at the instance of respondent No. 1. The Director of the P.G.I. respondent No. 2, complain the petitioners, had divided the students into two groups and has extended the benefit of the scheme to one group of stud its while the other group of students, i.e., the petitioners, who are similarly circumstanced as the first group, have been denied the benefit of the scheme arbitrarily and in violation of Art. 14 of the Constitution. It is contended that the students of both the groups are performing the same duties and as such the principle of "equal pay for equal work" has been violated. The petition has been opposed by respondent No. 2 by filing written statement dated 25.2.1986. After hearing arguments in the case, I had directed respondent No. 2 to furnish certain information and material detailed in my order dated 20.5.1986. This direction was duly complied with and the requisite information supported by an affidavit dated 4.7.86 was filed on behalf of respondent No. 2.
(2.) I would briefly dilate on the facts which are undisputed and emerge from the pleadings of the parties and the affidavit dated 4.7.1986 furnished on behalf of respondent No. 2. The P.G.I. was established in Chandigarh - the new capital of the erstwhile State of Punjab in the year 1962. It was affiliated to the Punjab University for the award of Degrees for the various courses in medicine and surgery like M.D., M.S., etc. On the reorganisation of the erstwhile State of Punjab with effect from 1.11.1966, the control of the P.G.I. was, however, transferred to the Union Territory Administration of Chandigarh. Soon thereafter by an Act of Parliament - "The Post Graduate Institute of Medical Education and Research, Chandigarh, Act, 1966 (Act No. 51 of 1966)" (hereinafter called 'the Act'), it was incorporated as an autonomous Institute of National importance. The composition of the Institute is laid down in section 5 of the Act, It consists of the Vice Chancellor of the Punjab University, the Director General of Health Services, Government of India, and the Director of the P.G.I. as ex-officio members, besides three members to be nominated by the Government on each from the Ministries of Finance, Education and Health and Family Planning. Seven other members, one of whom is a non-medical scientist representing the Indian Science Congress Association, are also nominated by the Central Government. Four representatives of the Medical Faculties of the Indian Universities to be nominated by the Central Government are also its members. Three members of Parliament of whom two are elected from among the members of the House of People and one from among the members of the Rajya Sabha are also the members of the Institute. Its Governing Body and their committees are constituted as provided by section 10 of the Act. The function of the Institute (the P.G.I.) amongst others are to promote its objects lair down in section 12 of the Act to develop patterns of teaching in under-graduate and post-graduate medical education in all its branches, to demonstrate a high standard of medical education and to bring together, as far as may be, in one place educational facilities of the highest order for the training of personnel in all important branches of health activity, and further boatmen self-sufficiency in post-graduate medical education to meet the country's needs for specialists and medical teachers. Sec. 13 of the Act amongst other functions vests the authority in the P.G.I. to hold examinations and grant such degrees/diplomas and other academic distinctions and titles in under-graduate and post-graduate medical education as may be laid down in the regulations. The Central Government, after due appropriation made by Parliament by law, pays to the Institute in each financial year such sums of money and in such manner as may be considered necessary by it for the exercise of its powers and discharge of its functions under the Act. The P.G.I. maintains a fund as laid down in section 16 of the Act. Sec. 23 provides that notwithstanding anything contained in any other law for the time being in force, the P.G.I shall have the power to grant medical degrees/diplomas and other academic distinctions and titles under the Act. Sec. 24 provides that notwithstanding anything contained in the Indian Medical Council Act 1956, the medical degrees and diplomas granted by the P.G.I. under the Act shall be recognised medical qualifications for the purposes of that Act and shall be deemed to be included in the First Schedule of that Act. The P.G.I. started holding M.D., M.S., and other examinations with effect from June 1969 and has been awarding its own degrees since then.
(3.) Even after its incorporation as an institute of national importance under the Act, the P.G.I. however did not disaffiliate itself from the Punjab University. It is admitted on both sides that under the Regulations framed under the Act, the P.G.I. is not yet vested with the power to confer postgraduate degree of Master of Dental Surgery (for short M.D S.). It, however, is having the Course of Instructions for the degree of M.D.S. awarded by the Punjab University. Vide circular letter dated 22.4.1974 Annexure P. 2, on the basis of the recommendations of the Kartar Singh Committee, respondent No. decided that the existing system of House Surgeons, Post-graduate and Registrar in all Central Institutions, including the P.G.I., should be replaced by a six-year Residency Scheme comprising Junior Resident Doctors (who till then were House Surgeons and post graduate students) and Senior Resident Doctors (till then known as Registrars). The strength of various categories of Resident Doctors in different disciplines was to be fixed by the P.G.I. with the approval of respondent No. 1 taking into consideration the norms and special needs of its hospitals. In the present case, the relevancy of Junior Residency alone comes in for discussion. The provision for the same as given in Clause 11(a) of the said Scheme contained in Annexure P.2, therefore, needs reproduction - "II. Selection Residents: All further recruitment will be limited to the strength that may be fixed above. Selection of each category of Residents shall be made on the following basis: (a) Junior Residency; (i) 1st Year Junior Residents: The selection shall be made on merit by a duly constituted Selection Committee, subject to the usual reservation for Scheduled Castes and Scheduled Tribes. One or more such Committees shall be constituted by the Government of India, Ministry of Health & Family Planning in case of Institutions/Hospitals under the direct control of the Government. The statutory autonomous institutions will be required to form similar Committee which shall include a representative of the Directorate-General of Services. (ii) Second Year of Junior Residents : The selection for the second year of Junior Residency will be open not only to those who have completed the first year of the Junior Residency under this Scheme but to all those who fulfil the minimum requirement for admission to post-graduate courses of the respective University/autonomous institution. The number of candidates to be selected by the concerned University/autonomous institution shall not exceed the numbers prescribed for each clinical and para-medical discipline in each teaching hospital within the strength worked out in para 1 above. The concerned University will be requested to associate a representative of the DGHS at the time of selection so that the University can have the benefit of suitable advice about the placement of various post-graduate students in the different teaching hospitals. The concerned University/autonomous institution will be requested to reserve 25% of the seats for post-graduate studies for doctors who have put in minimum of two years of service in rural areas. (iii) Contracts : Junior Residents will be on contract service and they will be required to enter into separate contracts for the first year and the subsequent two years of Junior Residency." The said Scheme also provided for payment of emoluments at the rate of Rs. 500.00, Rs. 550.00 and Rs. 600.00 per month plus allowances to the First Year. Second Year and Third Year Junior Residents. This scheme came into force with effect from 1.1.1975. As would be evident from the above provision of the Scheme, entry to the Junior Residency Course was at two points, i.e. in the first year and then in the second year. The Junior Residents of P.G.I. completing first year along with other candidates eligible for admission were taken for the Second Year Residency Course so as to complete the course finally up to the end of the third year.;