Denying emolument to foreign medicos pursuing PG courses in AIIMS and not treating them on par with Indians in terms of salary, is ‘violative’ of the Fundamental Right to Equality guaranteed even to non-citizens on Indian soil, Delhi High Court has held.
Justice VK Jain observed, “There is no reasonable basis for treating such doctors as an altogether different class, which can be subjected to differential treatment in the matter of payment of emolument.”
The court directed the All India Institute of Medical Sciences (AIIMS) to pay emolument to foreign national doctors to the extent they are being paid to other students, except sponsored ones, who had taken admission in the post-graduate courses in the said institute. The court also asked AIIMS to make the payment of arrears to the foreign nationals within 12 weeks.
“The enforcement of fundamental right guaranteed under Article 14 of the Constitution can be claimed not only by an Indian citizen, but also by a foreign citizen, to the extent that such enforcement is sought in the territory of India. Therefore, the foreign nationals, who are pursuing post-graduate courses in AIIMS, are entitled to equal treatment in the matter of grant of emolument. The concept of equality allows differential treatment, but prevents distinctions that are not justified,” the court said.
The order came on a petition filed through advocate Nitin Gupta for 20 foreign doctors, pursuing their post-graduation with AIIMS, who had contended that they are being treated on par with sponsored candidates and not being paid money even though such emolument are being given to other junior residents.
“Ordinarily, the terms and conditions stipulated in the prospectus are binding upon the applicants, but when it comes to enforcement of a valuable fundamental right such as the right of equality, guaranteed even to the non-citizens, and results in denial of payment to them while taking work from them in the hospitals, and making such payment to others who are similarly situated, it would be a denial of justice to non-suit them on this ground alone," the court said.