High Court Orders Payment of Withheld Stipend Within Eight Weeks
Jodhpur, March 8 – The Rajasthan High Court has ruled that stopping the monthly stipend for full-time resident doctors during their Postgraduate (PG) Medical Course is unjust and akin to forced labor. In a significant verdict, the single bench of Justice Dinesh Mehta has directed the state government to release the pending stipend within eight weeks.
The ruling came as a relief for petitioner Dr. Dinesh Choudhary, represented by advocate Yashpal Khilery, after he was denied his stipend following a mid-course transfer.
Case Background: A Resident Doctor’s Fight for Justice
Dr. Dinesh Choudhary, a resident of Sanganer, Jaipur, was working as a regularly appointed Medical Officer in the state’s health department. He secured admission to the NEET PG Diploma course in Radiodiagnosis at Medical College, Churu, in 2021 and joined the program on June 1, 2022.
After four months, he was selected for the NEET PG Degree course in Radiodiagnosis (2022 session) at SMS Medical College, Jaipur. To advance his career and serve the department better, he followed due process and formally resigned from Churu Medical College on October 7, 2022, before joining SMS Medical College, Jaipur, where he continues his studies.
However, despite fulfilling all procedural requirements, the authorities at Churu Medical College withheld his stipend, hostel fees refund, and GST tax on tuition fees, arguing that he had left the PG Diploma course mid-session.
Legal Battle and Court’s Intervention
After filing a writ petition, the health department refunded the hostel fees and GST charges, but the stipend payment remained blocked. Advocate Yashpal Khilery argued that:
- PG Medical students receive a stipend because they serve as full-time resident doctors in affiliated hospitals.
- Denying a stipend for services rendered or recovering it due to mid-session withdrawal amounts to forced labor, violating Article 23 of the Constitution.
- Stipend payments are made for hospital duty, not just for studying, making any bond conditions restricting payment unjust and void.
- In the petitioner’s case (2021-22 session), no bond was even required, yet the stipend was withheld arbitrarily.
Recognizing the unfair treatment, the Rajasthan High Court accepted the petition and ruled in favor of Dr. Choudhary, directing the state to release the withheld stipend within eight weeks.
Court’s Landmark Ruling on Stipend Rights
The court emphasized that:
✔ Stopping the stipend for full-time resident doctors is unjust and unconstitutional.
✔ State government must pay for services rendered, regardless of course completion.
✔ Arbitrary enforcement of bond conditions contradicts public policy and fundamental rights.
Implications of the High Court’s Decision
This ruling sets a strong precedent for PG medical students across India, ensuring that stipend payments cannot be unfairly withheld. It reinforces that resident doctors provide essential hospital services and must be fairly compensated for their work.
This landmark judgment upholds the dignity and labor rights of medical professionals, reaffirming that stipend payments are a right, not a privilege.
Bhupendra Singh Chundawat is a seasoned technology journalist with over 22 years of experience in the media industry. He specializes in covering the global technology landscape, with a deep focus on manufacturing trends and the geopolitical impact on tech companies. Currently serving as the Editor at Udaipur Kiran, his insights are shaped by decades of hands-on reporting and editorial leadership in the fast-evolving world of technology.
