Foreign nationals too entitled to stipend,HC tells AIIMS

The court order came on a plea filed by two doctors in 2011 against the AIIMS policy to not pay emoluments to foreign and sponsored candidates.

“It is true that sponsored candidates,with whom the petitioners are equated,are not paid any emoluments by AIIMS. But a perusal of the prospectus would show that such candidates are permanent employees of the authority concerned and the payment of emoluments to such candidates is the responsibility of the sponsoring authority,” noted the court.

The court added that to treat foreign nationals,who do not get salary/emoluments from anyone,including their government,on a par with sponsored candidates would not be reasonable or justified. AIIMS in its reply said the prospectus had contained the stipulation that foreign candidates would not be paid and the candidates had taken admission knowing the conditions.

The court dismissed these arguments and held that,“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 to equality,guaranteed even to non-citizens — it would be a denial of justice to non-suit them on this ground alone.”

The court directed AIIMS to pay the petitioners arrears of emoluments to the extent that they are being paid to other students,from the date of filing of the petition.