Delhi High Court Upholds AIIMS' Policy on Stipend for Foreign Trainees

Foreign National Medical Trainees at AIIMS Not Entitled to Emoluments at Par with Indian Residents, Court Rules

In a significant ruling, the Delhi High Court has upheld the All India Institute of Medical Sciences (AIIMS) policy that foreign national medical trainees are not entitled to receive emoluments equivalent to their Indian counterparts. The decision came in the case of "All India Institute of Medical Science v. Dr. Sanjay Kumar Yadav," where the court addressed the contentious issue of whether foreign medical trainees should receive the same stipend as Indian junior residents.

The bench, comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, delivered the judgment, overturning a previous ruling by a single judge that had mandated AIIMS to pay foreign nationals at par with Indian residents. The court found that the classification of foreign national trainees under the "Sponsored/Foreign National" category was justified and met the twin tests of Article 14 of the Indian Constitution, which allows for reasonable classification.

The court noted that the classification was based on intelligible differentia, considering the distinct source of funding and the express terms of "no financial liability" stated in the AIIMS prospectus. The judgment emphasized that the differential treatment was justified due to the distinct mode of recruitment and the financial architecture of the seats designated for foreign nationals.

The ruling further clarified that the doctrine of equal pay for equal work did not apply to foreign trainees, as they are considered a distinct class from Indian junior residents. The court highlighted that the financial arrangement was part of a deliberate policy to ensure AIIMS incurs no financial burden from trainees admitted under international cooperation arrangements.

Additionally, the court dismissed the applicability of Article 16 of the Constitution, which pertains to equality of opportunity in public employment, stating it does not extend to non-citizens. The relationship between AIIMS and the foreign national trainees was deemed educational rather than employment-based.

The court also addressed the issue of estoppel, concluding that the foreign trainees, having accepted admission terms with full knowledge of the "no-emoluments" clause, could not later seek parity with Indian residents for stipends.

In conclusion, the Delhi High Court allowed the appeals by AIIMS, setting aside the previous directive to pay foreign-national trainees emoluments at par with Indian residents. The court upheld the constitutionality of the stipulations in the AIIMS prospectus regarding the "Foreign National" category.

Bottom Line:

Foreign National medical trainees admitted under "Foreign National" category seats at AIIMS are not entitled to emoluments at par with Indian Junior Residents, as the classification satisfies the twin tests of Article 14 of the Constitution of India.

Statutory provision(s): Article 14, Article 16 of the Constitution of India

All India Institute of Medical Science v. Dr. Sanjay Kumar Yadav, (Delhi)(DB) : Law Finder Doc Id # 2811814