Stipend parity for private medical students originally entitled to Govt medical college admissions- Bombay HC seeks state's response

Nagpur: The Nagpur bench of the Bombay High Court recently asked the State Government whether it was willing to pay stipend to general category students in private medical colleges on par with those studying in Government medical institutes. Due to the implementation of the Socially and Educationally Backward Classes (SEBC) quota, these students could not get admitted to the government medical colleges even though they had met the eligibility criteria. Therefore, they had to be enrolled in private medical colleges.

Listing the matter for further hearing on 09.04.2025, the HC bench comprising Justices Abhay J Mantri and Avinash G. Gharote observed,

"Since the present Petitioners are being enrolled from the SEBC quota, the learned AGP shall take instructions, as to whether the State is willing to pay the stipend on par with what the students enrolled in the Government Institutions are getting, as originally students were entitled to get enrolled in the Government Medical Colleges."

Medical Dialogues had last year reported that demanding parity in stipend for the MBBS interns in private and government medical colleges, a group of medical graduates from a city-based private medical college had filed a plea before the Nagpur bench of Bombay High Court.

In their plea, the medicos, who pursued their medical education from NKP Salve Institute of Medical Sciences (NKPIMS), had pointed out that while the medicos at the Government Medical Colleges and Hospitals (GMCH) and government-aided colleges receive Rs 18,000 per month as stipend, they only received only Rs 4,000 per month.

Also Read: MBBS Graduates from Private medical college move Bombay HC Seeking Stipend Parity During Internship, notice issued to NMC, state

Approaching the High Court bench, they had prayed for the implementation of a Government Resolution dated 27.02.2024, which was issued by the State Medical Education and Drugs Department. As per the petitioners, implementing the G.R would address the issue of disparity between the stipends paid to the MBBS interns at the private and government medical institutes.

The petitioners, therefore, sought uniformity in stipends across medical dental, Ayurveda, unani, and homeopathy colleges, in line with the government directives. During a previous hearing, the Court had issued Rs 10 available warrant against the chairman of th Fees Regulating Authority (FRA) for failing to appear in the case.

During the hearing of the case on 28th March, 2025, the counsel for FRA submitted that the Authority had a very limited role to play in the matter since the payment of stipend had to be decided by the College and if the College decided to grant it to the stydents, on par with the Government Resolution dated 27.02.2024 read with Notification dated 18.11.2024 by the National Medical Commission, the Fees Regulating Authority, would have no reason to disagree with the same.

Meanwhile, the college's counsel submitted that the petitioners had been granted admission in the SEBC category, whose fees are being paid by the State, and it included the stipend paid to them. As per the college, all these students would have originally secured admission to the GMCs, but due to the SEBC reservation, in order to accommodate candidates belonging to the said category of reservation in GMCs, the petitioners were shifted to the private medical colleges. Because of the shifting, the fees of the students, even though they belonged to the Open Category, are being paid by the State, on the account of adjustment of the reservation candidates, submitted the college's counsel.

Regarding other students concerned, the college's counsel submitted that since the fees are to be borne by them, including stipend, bringing the stipend on par with the Government institutes would only result in the students themselves contributing for the enhanced stipend. The college's counsel explained that enhancing the stipend would mean students paying their own stipends. "This is analogue to taking the money from the students and paying them pack as stipend, on account of which the students, who have been granted admission, besides the quota of any nature, cannot be equated for this purpose," they said.

Taking note of these submissions, and observing that the petitioners were being enrolled from the SEBC quota, the HC bench asked the State Counsel to take instructions clarifying whether the State was willing to pay stipend on par with what the students enrolled in the Government Institutes were getting, as originally the students were entitled to get enrolled in the Government Medical Colleges.

"List the matter on 09.04.2025, by which time, the learned AGP assures to take instructions and make a statement in that regard," ordered the bench.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/bombay-hc-order-281252.pdf

Also Read:Start fee reimbursement process for open category MBBS students: Bombay HC gives ultimatum to State