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1 - 5 of 5 (0.17 seconds)Article 12 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
J.Denis Winston vs The Academic Officer on 16 July, 2012
In J. Denis Winston vs. the Academic Officer, W.P.(C) No.
5458/2012 and M.P. No. 1/2012, decided on 16.07.2012, the petitioner
before Madras High Court, after completing MD course from a college in
Russia, was enrolled as CRRI Trainee with Stanley Medical College,
Chennai. After being enrolled by Medical Council of India, when he
applied for NOC for undergoing CRRI training, his request was accepted,
but he was not shown as a non-stipendiary intern. The aforesaid
condition, contained in the NOC was challenged by the petitioner on the
ground that it violated Article 14 of the Constitution and was
discriminatory since he was performing the same duties as were being
W.P(C) No. 3465/2011 Page 9 of 12
performed by the other interns. The respondent before the High Court
took the plea that no stipendiary condition was imposed in view of an
order issued by Government of India, Ministry of Health and Family
Welfare, stipulating collection of fee in lump sum from students from the
foreign countries. The stand taken by the Government of Tamil Nadu was
that the candidates of other University do not have the skills or the
standards of the students of Tamil Nadu and the object of the training was
to give abundant clinical knowledge to them so as to bring them at par
with the students who had studied in Tamil Nadu. The contentions of the
respondents before the High Court was that the petitioner could not allege
discrimination since he along with foreign students formed a class
separate from that of the interns who had passed their MBBS from the
college affiliated to the University in Madras. Rejecting the contentions
of the respondents, the High Court, inter alia held as under:-
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