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Vasundhara Singh (Student)     11 June 2021

College refusing to pay stipend

My cousin is pursuing BDS from a private college in UP and she is in her fifth year. As per the guidelines, students have to intern and they get a stipend for the same. Her college has kept the stipend due and is making them work for free. They also have all the original documents of the students. Can the students take any step against the college to claim their stipend?  



 3 Replies

G.L.N. Prasad (Retired employee.)     11 June 2021

Posting this grievance in pgrms portal of either INDIAN DENTAL  COUNCIL or GOI Dept of Health brings the remedy immediately without paying a single rupee.  Fraud can not be ruled out, as the private college may be drawing such funds and not paying the amount bur disclosing this as paid.  The students may approach to District Legal Services Authority and to Dist Medical and health dept., for guidance in the matter by submitting a petition.  Instead of those students now in the college, these facts must be brought to the attention of authorities through a student who has passed recently in his name, as he is nothing to do with that college.  If a student agitates on the issue, the college may retaliate and harass them as most private medical colleges in UP are having a strong political background.  All these suggestions involve only stationery and postage expenses of not more than Rs. 25/-

The queriest can file RTI Application with adhesive court stamp of Rs.10/- to State Public Information Officer, Ministry of Health, and can seek the following information.

Information solicited:

1.Please provide the copy of laid down orders/Notification/circulars/Directives that  inform the laid down procedure for ensuring that all private colleges are paying intern stipend monthly to all students of 5th year who are working in hospitals (Controlling measures to avoid misappropriation by some private colleges.

2.Please inform the Name of the concerned designated official to whom those students can approach for redressal of the grievance for not paying intern fees to such students and misappropriation by such colleges.

3.Please provide the copy of directives/orders/Notifications issued by the Ministry for returning the original documents to students, after verification (collected during admission)  as many private colleges are not returning the originals and keeping with them for years together and returning after 5 years.

This is a serious violation, and the private colleges should not exploit the students in this manner and all that harassment should end with these simple steps that may not cost Rs.100/-

Sankaranarayanan (Advocate)     11 June 2021

Absolutely i do agree the points replied by the learned friend Mr.Prasad.. It should initiated by the pass out students through RTI .

T. Kalaiselvan, Advocate (Advocate)     12 June 2021

Kerala High Court

Arun Raj.M.R. vs The Dental Council Of India on 8 January, 2009 in  WP(C).No. 26131 of 2009 (J), the Dental council of India as a respondent in the said WP filed a statement in which it is stated that BDS Course Regulation, 1983 inter alia envisages that every candidate would be required after passing the final BDS Examination to undergo one year paid rotating internship in a dental college. Quantum of amount to be paid to the interns has not been mentioned in the said regulation. Therefore, the stipend to the interns of the dental colleges are to be paid to them as per the Rules and Regulations prescribed by the concerned State Government/University in this regard. However, the Dental Council of India has recommended to the Central Government that a minimum stipend of 3,000/- be paid to the interns by private dental colleges in the country for which approval of Central Government is awaited. It was also  stated that the interns are those, who do one year compulsory rotating internship.after final BDS, and they are awarded BDS degree depending upon their successful completion of the internship programme, whereas they are students, who hold recognized BDS degree of an Indian University. It is further stated that the revised BDS Regulation, 2007 published in the Gazette of India dated 10.09.2007 inter alia envisages the duration of the BDS course as five years without internship and this is effective from the date the regulations have been published in the Gazette of India, i.e., 10.09.2007.

The Dental Council of India,  letter dated 01.11.2007, has informed all concerned including the dental colleges in the country regarding this.

decision reported in 2015 (3) KLT 487.

13. It was strenuously argued by the learned counsel for the college that in that case, it was on the basis of the Medical Education Regulation, 2000 issued in terms of Medical Council Act, 1956; and as there is no statute in the present case envisaging payment of stipend to PG students, this Court cannot compel the college to pay stipend to the interns by way of a writ of mandamus. I am not inclined to accept the said argument, because, it is the definite case of the Dental Council of India that they have specifically instructed that stipend be paid to the interns of private dental colleges though the amount was not specified. The non-specification of the quantum by the Dental Council of India is not a bar in granting the benefit as the interns are to be treated at par with the students in the government medical colleges.

Therefore, on a consideration of the entire materials now placed on record, this Court is of the view that the college is bound to pay stipend to the interns at the rate of stipend paid to the students of the Government Dental Colleges in the State..

Therefore based on the above judgment the student can take up the matter through university or directly before the high court through a writ petition

 

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