Non-payment of stipend to MBBS interns: Supreme Court to hear matter tomorrow

New Delhi: The issue of non-payment of stipends to MBBS interns and resident doctors at medical colleges across the country will be considered by the Supreme Court tomorrow i.e. on May 6, 2024.

During the hearing on the issue last month, the Apex Court directed the National Medical Commission (NMC) to submit the details of the stipend paid to the MBBS interns in all the medical colleges across all States within four weeks.

Accordingly, complying with the Supreme Court's directions, NMC recently asked the medical colleges to submit the details of the stipend paid to the medical students for the academic year 2023-2024. NMC had directed medical colleges to submit the details of their name and address, the amount of stipend paid by the State Government, and the month-wise details of the stipend paid to the MBBS interns, 1st/2nd/3rd-year Post-Graduate Residents, and 1st/2nd/3rd-year Senior Residents or PGs in Super Specialty for the academic year 2023-2024.

Also Read: NMC gives deadline to all Medical Colleges to Submit Details of stipend paid to MBBS Interns, Resident Doctors

The Commission provided a similar annexure for the details of the stipend paid to the medical students for the academic year 2024-2025. However, in this regard, the Commission had directed the concerned colleges to update these details on the institute's website every month (by the 5th of every month). The colleges had been asked to submit the complete statement to the NMC at the end of each financial year.

However, many colleges failed to submit the requisite details within the prescribed deadline and therefore, NMC extended the deadline and directed the defaulting institutes to submit the stipend data immediately by 02.05.2024.

Earlier, the NMC Secretary Dr. B Srinivas had also told Medical Dialogues that the medical colleges would have to upload monthly reports on the stipend given by them to the medicos or face severe action.  

Dr. Srinivas had also informed that NMC, after collecting the stipend details from the medical colleges, will compile the data and submit it before the Court. Referring to the Court hearing on 6th May, Dr. Srinivas had informed, "The Supreme Court also wants to take severe action in this case. As a first, we are compiling the data."

Also Read: Medical colleges will have to upload monthly stipend data or Face Action: NMC Secretary

Non-Payment of Stipend: The Supreme Court Hearing so Far 

Medical Dialogues had earlier reported that the Supreme Court bench took cognisance of the issue while considering a plea filed by five MBBS students studying at Army College of Medical Sciences (ACMS) affiliated with Guru Govind Singh Indraprastha University seeking a stipend for the period of internship.

While considering the plea filed by ACMS students, the top court bench had directed the medical college to start paying its Interns Rs 25,000 per month from October 1, 2023. During the hearing of the case, the counsel for the students Advocate Vaibhav Gagghar informed the bench that a recent NMC report stated that 70 per cent of the medical colleges in the country were not paying stipends to their interns.

Taking note of this, the bench directed the National Medical Commission's counsel Advocate Gaurav Sharma to respond to the claim and file an affidavit.

"Mr Gaurav Sharma, counsel appearing for the National Medical Commission shall file a tabulated chart and explain (i) whether the statement which has been made to the above effect is correct; and (ii) what steps the National Medical Commission is taking to ensure compliance with the norms for payment of internship stipends," the bench had ordered on 15.09.2023.

Also Read: Submit Details of Stipend paid to MBBS Interns by Medical Colleges in All States: SC Directs NMC

However, last month, the Supreme Court bench observed that the details submitted by NMC were not of all the medical colleges across all the States. Therefore, the Apex Court bench had ordered NMC to submit the details of the stipend paid to MBBS interns in all the medical colleges across all States within four weeks.

"The details which have been given by the National Medical Commission is not of the entire medical colleges in the States and therefore, the direction given by this Court in its order dated 15.09.2023 at para 10 had not been complied with. Let the same be done positively within a period of four weeks from today," the Apex Court bench comprising Justices Sudhanshhu Dhulia and Prasanna Bhalachandra Varale ordered on April 01, 2024.

Also Read: Either Pay or Don't have Internship! SC on Medical Colleges charging Rs 1 crore fee but not paying stipend to MBBS interns

During the case proceedings, the top court bench had expressed concern over the fact that even after charging crores of rupees for the MBBS course, the medical colleges were not adequately paying stipends to the MBBS interns. "What kind of medical colleges are they? They are charging one crore, I do not know how much they are charging for postgraduate students and they are not prepared to give the stipend also," the top court bench comprising Justice Sudhanshu Dhulia and Prasanna B Varale had observed.

"Either you pay them, or you don't have the internship," Justice Dhulia had earlier observed.

Meanwhile, the top court bench directed the petitioner to file a rejoinder to the counter affidavit already filed by National Medical Commission. The matter has been listed for further hearing on 06.05.2023.

The issue of non-payment of stipend to the FMG (foreign medical graduates) interns also came up for consideration before the Supreme Court. During the hearing of the matter on April 1, lawyer Tanvi Dubey, appearing for a group of doctors, informed the bench that the foreign medical graduates in certain medical colleges were not being paid stipends during their internships.

Taking note of this, the Supreme Court said that the FMGs cannot be treated differently and should be paid stipends during their internship like their counterparts who have done MBBS from Indian medical colleges.

Also Read: Supreme Court relief: FMGs to now get stipend during internship as Indian MBBS interns