SC Issues Notice to NMC on Plea by FMGs Seeking Stipend During Mandatory Internship

New Delhi: While considering a plea filed by the foreign medical graduates seeking a stipend during their mandatory internship programme in India, the Supreme Court recently issued notice to the National Medical Commission (NMC) and sought a response from the Commission.

The plea was filed by foreign medical students who are enrolled for internship in eight medical colleges in Rajasthan and Ram Manohar Lohia Institute. Agreeing to hear the plea, the Apex Court bench comprising Justices B R Gavai and K V Vishwanathan said, "Issue notice."

PTI has reported that approaching the Apex Court bench, the counsel for the petitioners, Advocate Tanvi Dubey submitted that non-payment of stipend is a clear violation of their fundamental rights. She said if several other colleges are paying stipend to foreign medical graduates, there is no reason for this discrimination.

She submitted before the top court bench that the plea was filed by medical graduates from abroad who are currently undergoing internship at government medical colleges including in Sirohi, Alwar, Dausa, and Chhitorgarh in Rajasthan.

Also Read: Non-payment of stipend, Lack of seats, 3-year internship rule: Doctors meet NMC officials to raise issues of FMGs

"That in terms of the circular dated March 4, 2022 and May 19, 2022, issued by the National Medical Commission (NMC) it is categorically provided that the stipend should be provided in parity with the Indian medical graduates," stated the pleas filed by Advocate Charu Mathur.

The pleas said provision of stipend is governed under Clause 3 (Schedule IV) of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021. The petitioners, it said, are entitled to regular stipend.

"The students were earlier under the presumption that they will be paid stipend for the period of their internship, in terms of the Regulation. However, they were shocked to note that when they joined the internship, they were forced to give an undertaking on an affidavit that the internship will be without any stipend," said the plea.

"It was catch 22 situation for the students as they had no other option but to sign that undertaking. While joining the internship, they had no idea that they will have to incur huge day to day expenses including accommodation, travelling etc. They were surprised to note that even the expenses involved in rural posting was required to be incurred by them," it added.

Medical Dialogues had previously reported that earlier this year, while considering the issue of non-payment of stipend to the FMGs during the compulsory internship, the Supreme Court bench comprising Justice Sudhanshu Dhulia and Prasanna Bhalachandra had said that the FMGs cannot be treated differently and should be paid stipends during their internship like their counterparts who have done MBBS from the Indian Medical Colleges.

The Apex Court bench had made this observation after taking note of the submissions of lawyer Tanvi Dubey, appearing for a group of doctors, that foreign medical graduates in certain medical colleges were not being paid stipends during their internships.

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