Malhar Muranjan v. Municipal Corporation of Greater Mumbai
Case brief
What is this about?
Bombay HC writ petition (W.P. No. 4433 of 2025, disposed 11-02-2026; coram Ravindra V. Ghuge and Abhay J. Mantri, JJ.) on stipend enhancement for Junior Resident Doctors (Diploma and DNB candidates admitted through NEET PG ranking, serving full time/on-call in Municipal Corporation of Greater Mumbai hospitals; courses under National Medical Commission Act, 2019; NBEMS stipend guidelines for accredited colleges). State Government Resolution dated 04-03-2024 increased basic stipend by Rs. 10,000/- for Junior and Senior Resident Doctors w.e.f. 01-03-2025; MCGM Notification dated 26-07-2024. Key principle: implied exclusion of a person from an advantageous benefit under a GR/Circular/Notification/Statute is impermissible while implied inclusion is permissible; prima facie no exclusion of these Petitioners on account of pursuing higher studies with Central Government facilities. Directions: Municipal Commissioner to decide representations dated 19-09-2025 (Petitioners) and 26-09-2025 (Cooper M.A.R.D. 2025 association) on merits per applicable Circulars/Notifications, with any denial grounded in an express exclusion clause supported by reasons, within 30 days; Petition disposed, no monetary relief.