Division Bench Partly Allows Appeal by Karpaga Vinayaga Medical College
Chennai – In a significant ruling, a Division Bench of the Madras High Court has clarified that self-financing private medical colleges are only obligated to pay a stipend — and not a salary — to in-service government doctors who pursue postgraduate or super-specialty medical courses in their institutions.
The ruling came in response to an appeal by Karpaga Vinayaga Medical College, Chengalpattu, against a 2022 Single Bench order that had directed private colleges to pay full salaries to in-service doctors, similar to what is paid to those studying in government-run medical colleges.
Single Bench Ruling Overturned
The earlier decision by the Single Judge had termed a 2020 Government Order (GO) that denied salaries to in-service doctors in private colleges as discriminatory and unconstitutional. However, the Division Bench comprising Justices R Subramanian and K Surender found otherwise.
“We are unable to sustain the conclusion…that in-service Doctors in Private Medical Colleges are entitled to salaries paid during their government service. The liability to pay rests with the colleges, but is limited to the stipend amount fixed by the Government,” the court ruled.
Government’s Stance Backed by Court
The Tamil Nadu government had earlier issued GO Ms No. 46 in 2020, deciding not to pay salaries to in-service doctors pursuing super-specialty courses in private institutions. The High Court upheld this policy decision, stating it was within the government’s discretion.
The bench acknowledged that in-service doctors in government colleges continue to receive salaries as they remain government employees. In contrast, those admitted to private medical colleges under the 50% State quota could not demand similar treatment, since they were not deputed staff nor employees of the private institutions.
“Stipend Only” Liability Clarified
The court clearly differentiated between in-service and non-service candidates, stating that both perform similar duties in private colleges and hence, must be treated equally in terms of financial compensation.
“In-service doctors in private institutions are PG students like any other. Their status is not that of deputed government staff. Thus, they are entitled only to the stipend as fixed under Regulation 13.3 of the National Medical Commission (NMC),” the court observed.
NEET-Based Admission System Cited
The bench also highlighted the merit-based NEET counselling system, noting that higher-scoring in-service candidates typically get seats in government colleges — where salaries are paid — while those with lower scores opt for private institutions.
“There is no fault in the State’s decision to pay salaries to those who secure government seats. But private colleges cannot be burdened to compensate doctors for a decision they did not make,” the court added.
Final Directions Issued by High Court
Concluding the matter, the High Court passed the following directions:
- Private Medical Colleges are liable to pay remuneration to in-service doctors pursuing PG or super-specialty education;
- This remuneration will be limited to the stipend amount fixed by the State of Tamil Nadu;
- In-service doctors cannot claim salaries on par with those studying in Government Medical College Hospitals.
