Denial of pay to foreign docs in AIIMS against Constitution:HC

Denial of emoluments 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 V K 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 emoluments."
The court directed the All India Institute of Medical Sciences (AIIMS) to pay emoluments 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 emoluments unless it can be shown on account of some factors or circumstances they belong to a different class which can be subjected to a different treatment.

"The concept of equality allows differential treatment, but prevents distinctions that are not properly 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 they are being treated on par with sponsored candidates and not being paid money even though such emoluments are being given to other junior residents.