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Chennai, July 17, 2025:
The Madras High Court has ruled that self-financing private medical colleges in Tamil Nadu are mandated to pay only a stipend, and not a full salary, to in-service government doctors pursuing their postgraduate and super-speciality medical studies in these institutions.
A Division Bench, comprising Justices R Subramanian and K Surender, delivered the verdict after private medical colleges challenged an earlier order by a single-judge bench. The earlier bench had directed these colleges to pay salaries to in-service doctors—amounts equivalent to those received by peers studying in government medical colleges. However, the Division Bench set aside this order, clarifying that the payment obligation of private colleges is limited to a stipend set by the state government, as is provided to non-service students in both government and private colleges.
The court observed that doctors securing higher NEET ranks typically gain admission to government institutions—where in-service doctors continue to receive government salaries—while those with lower ranks often join private colleges. The primary dispute arose from a 2020 Tamil Nadu Government Order that stopped salary payments to in-service doctors if they pursued higher studies in private institutions, a move some doctors claimed was discriminatory when compared to their government-college counterparts.
The Division Bench reasoned that in-service doctors in private colleges are only students and not employees of those colleges. As such, they cannot claim the same employment benefits (salary) as when they are posted in government hospitals; the colleges are obliged only to pay the standard stipend.
The court noted,
“In-service Doctors are not employees of the Private Medical College, whereas the in-service Doctors, who are pursuing Post Graduate Education in Government Medical Hospitals continue to be in the service of the Government. They cannot be treated as Doctors sent on deputation also, so the status of in-service Doctors in a Private Medical Institution is only that of a Post Graduate student and nothing more. If that be so, they can only be treated on par with the other Post Graduate students in the same Institution and they would be entitled to whatever remuneration that is being paid to other Post Graduate students in the same Institution”.
The Division Bench concluded:
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Private medical colleges are liable to pay only the stipend fixed by the state to all postgraduate and super-speciality students, including in-service doctors.
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In-service doctors in private colleges cannot demand a government-equivalent salary.
Disclaimer:
This article summarizes the recent Madras High Court ruling based on information published by Medical Dialogues and other sources as of July 16, 2025. It does not constitute legal advice. Readers are advised to refer to official court documents or consult a legal professional for detailed interpretation or for the latest implications of this judgment.
