MBBS Interns take Army Institute of Medical Sciences to Court over Non-payment of Stipend, SC issues notice to college for violating NMC regulations

New Delhi: While considering a plea concerning non-payment of stipend to the MBBS interns of Army College of Medical Science, the Supreme Court bench on Monday issued notice to the institute for violating the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021.

Issuing notice in the matter, the top court bench comprising of Justices D.Y. Chandrachud and Hima Kohli also directed the Additional Solicitor General, Col Bala Subramanium to look into the matter.

The bench was quoted saying by Live Law, "Mr. Bala, these are students who have completed their MBSS from the Army College of Medical Science… and they do not get any stipend."

The plea has been made by MBBS students who are undergoing one year mandatory internship in the Army base hospital. They claimed that the act of Army College affiliated to Guru Gobind Singh Indraprastha University was contrary to the Clause 3, Schedule IV of the NMC (Compulsory Rotating Medical Internship) Regulations, 2021.

Filing the plea, the students have prayed for directions upon the college for providing them with regular monthly stipend to the petitioner doctors for the entire period of their internship. Besides, they also urged the top court bench for issuing directions to the college to determine the stipend as per the standards followed by other medical colleges.

Medical Dialogues had earlier reported about the NMC CRMI Guidelines- 2021, published on 18th November, 2021. Regulation 3 of Schedule IV of which mentions that "All Interns shall be paid as fixed by the appropriate fee fixation authority applicable to the institution/University/State."

Relying on this, the petitioners claimed that the petitioner students and other similarly situated students were entitled to a regular stipend. They also contended that all other medical colleges including the colleges affiliated to the IP University provide regular stipend during the internship period. Therefore they submitted before the court that non-payment of stipend is unjust, arbitrary and non-justifiable.

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As per the latest media report by Live Law, the students also contended that most of the MBBS interns are not residents of Delhi and therefore they have to make arrangements for their accommodation, food and other expenses during this period. Under such circumstances, it would be impossible for them to sustain in Delhi without getting any stipend for their work.

They also referred to the fact that apart from the regular work, they had also attended COVID duties and the EMI for their respective education loans have also started from April, 2022 as they have completed their studies. Besides, the petition also highlighted how these students need to travel for their rural postings in Najafgarh and how the college is denying to pay them the basic monthly stipend.

The plea also submitted the fact that even though their stipend was to commence from 01.04.2022, they got to know that they would not be paid even the bare minimum stipend for their internship. Following this, they had filed RTI and approached the concerned authorities as well. However, they still do not know why they are being denied the stipend.

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