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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)

O R D E R

Leave granted.

2. About  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.

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3. Heard learned senior counsel for the appellants and also learned

Addl.Solicitor General.

4. It  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.

5. In 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

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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.  

...............CJI. (K.G. BALAKRISHNAN)

.................J.     (P. SATHASIVAM)

.................J.     (J.M. PANCHAL)

NEW DELHI; 7TH JULY, 2008.