The court was allowing a petition filed by one J Dennis Winston who had successfully completed the MD (Physican) Course from Stavropol State Academy, a government of Russia institution, in June this year.
He had also passed the NBE examination but was given a 'non-stipendary' condition in the no-objection certificate given to him by Tamil Nadu's Dr MGR Medical University to undergo the Compulsory Rotatory Resident Internship (CRRI).
Justice Vinod K Sharma said discrimination of similarly situated persons could not be sustained as it violated Articles 14 and 16 of the Constitution.
Stating that the petitioner should be treated on par with other MBBS students, the Judge said students from universities abroad, clearing the NBE and students from other states undergoing CRRI, formed one class.
Rejecting the argument by the MGR Medical Univeristy that students who had studied abroad were not meritorious, the Judge said it was 'totally misconceived' as they were required to pass the NBE exam to prove their knowledge and competence.
Quashing the condition 'non stipendary' in the no objection certificate given to the petitioner by the University to undergo CRRI in the Government Stanley Medical College here, the Judge directed the authorities to pay the stipend to him.
While the University claimed the condition was in compliance with government orders, the State Principal Health Secretary claimed the petitioner, along with students of foreign universities and other state students, formed a separate class from that of interns passing the MBBS course from colleges affiliated to MGR Medical University.
