1,067 FMG internship seats, only 266 filled: Calcutta HC says state cannot use stipend as a roadblock to allotment

Kolkata: In a recent order, the Calcutta High Court observed that the State Government cannot use the financial liability of paying internship stipends as a "roadblock" to allot internship seats to medical graduates from abroad.

"The State, therefore, cannot use the issue of financial outgo towards stipend payable, as a road block for allotting internship to the writ petitioners/appellants," observed the HC Division Bench of Justices Rajasekhar Mantha and Anuj Singh, further noting that internship could be done even without immediate payment of stipend or on part payment as the claim for stipend could always be settled later.

"It, therefore, follows that the internship can be done even without stipend and/or upon receipt of a part or portion thereof, the claim for stipend can always be maintained at a subsequent date," the bench remarked.

Case Background: 

These observations were made by the Division Bench while considering an appeal filed by three Foreign Medical Graduates (FMGs), who challenged a Single Judge's order refusing to grant interim relief in a plea concerning the allotment of Compulsory Rotating Medical Internship (CRMI) seats.

Under the existing rules of the National Medical Commission (NMC), FMGs, after completing their medical education abroad, are required to undergo one year of Compulsory Rotating Medical Internship (CRMI) in the Medical Colleges in the country.

It was observed by the Court that 1,067 CRMI seats were available to the FMGs in West Bengal for the academic year 2026-2027. This includes 7.5% of the intake of interns in established Medical Colleges/Institutions and 100% in new Medical Colleges and 100% of enhanced seats in existing Medical Colleges. Despite this, the State had filled only 266 seats.

The appellants were aggrieved that if they did not complete their internship within two years, the Graduate Medical Degree obtained by them from the Foreign University would lapse and they would be required to obtain such Medical Degree afresh, which would cost them huge expenditure, in addition to the huge expenses already incurred by them for undergoing medical education in such Foreign University.

It was further submitted by the counsel for the appellants that if the internship opportunities were not made available to his clients, they would also miss the chance to participate in the NEET for Postgraduate (NEET-PG) Medical Course admission for the year 2027-2028.

On the other hand, the counsel for the State submitted that the State Medical Council was required to consult the Directorate of Medical College in the State before allotting any vacant slot of internship to the FMGs.

The bench also noted their submission that the State also required the permission of the Ministry of Finance since the internship involved financial outgo for the State and each intern was required to be paid a monthly stipend for a period of one year. At this outset, the counsel for the appellants submitted that his clients were willing to forgo six months of stipend.

Meanwhile, the counsel for the West Bengal Medical Council submitted that the Council would give provisional registration of internships to FMGs before the Court after getting approval from the Directorate of Medical Education (DME) and the State Medical Council.

Observations by High Court: 

Taking note of the unnecessary delay on the part of the authorities, the HC bench observed, "...this Court is of the prima facie view that the DME and the State Medical Council are dragging their feet. The financial outgo towards stipend payable to interns to the extent of 1066 seats must have been factored in and provided for in the State Budget."

The bench also considered a Supreme Court order dated 4th February, 2026, concerning the FMGs from Jharkhand, where the Apex Court had allowed a claim for stipend by those FMGs who had completed their internship without any payment of stipend.

Accordingly, the HC bench concluded that an internship can be done even without stipend and/or upon receipt of a part or portion of the same, as the claim for stipend can always be maintained at a later date.

Holding that the financial liability for stipend could not be considered as a roadblock for allotting internship to the appellant FMGs, the HC ordered, "In the light of the above discussions, this Court directs the Directorate of Medical Education and the Principal Secretary, Ministry of Finance to submit a report or give instructions in writing to the learned Counsel for the State as regards their stand in the matter."

"Given the urgency expressed by the writ petitioners/appellants, this Court is inclined to fix the matter on 1st September, 2026 as item no.1 for further consideration," further directed the Court.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/2026/09/01/calcutta-hc-fmg-internship-473539.pdf

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