FMGs challenge Non-Payment of Stipend, Supreme Court Issues Notice
New Delhi: The Supreme Court has issued notices on a plea filed by the Foreign Medical Graduates (FMG) challenging the non-payment of stipend during the compulsory internship.
While considering the plea by the medical graduates from abroad, who are undergoing internship at Atal Bihari Vajpayee Government Medical College, Vidisha, the top court bench comprising Justices B.R. Gavai and Sandeep Mehta issued notice on January 23.
The plea has been tagged with the case titled Abhishek Yadav & Ors. vs. Army Medical College & Ors. (W.P. (C) No. 730/2022). Medical Dialogues had earlier reported that while considering this above-mentioned case, the Supreme Court had taken cognisance of the fact that 70 percent of the medical colleges across the country do not pay any stipend or are not paying the minimum stipend to doctors who are doing MBBS internships.
In respect of this case, the Apex Court bench had directed the Army Medical College to start paying its interns doing the compulsory internship Rs 25,000 per month from October 1, 2023.
As per the latest media report by Live Law, the plea placed its reliance upon circulars dated 4th March 2022 and 19th May 2022 issued by the Apex Medical Commission. The petitioner stated that according to these circulars, the stipend paid to the FMGs should be equivalent to the Indian Medical Graduates.
Medical Dialogues had last year reported that providing major relief to Foreign Medical Graduates who want to pursue an internship in India, NMC had clarified that the Indian medical colleges shall not charge any fees from medical graduates from abroad for permitting them to do internship in India.
In fact, the apex medical regulator had further made it clear that the FMGs would be paid equal stipend and other facilities just like the Indian Medical Graduates who are being trained at Government Medical Colleges.
The plea further highlighted that a notice was issued by the Government Medical Education Department, Madhya Pradesh to the Commissioner of Medical Education, Bhopal, which provided that Rs 12760 stipend should be paid to the interns with effect from 01.04.2022.
Live Law adds that the internship of the petitioners commenced on 01.04.2023. However, Rs 12760 stipend was paid to the batch comprising 69 students only for two months. After two months, the students did not receive any stipend since June 2023.
"The students raised several grievances before different authorities, however, till date the same is not addressed," submitted the petitioners. Further, the plea contended that the act of not paying any stipend is unjust, arbitrary, and non-justifiable as ut creates an artificial divide between the students from other colleges who receive stipend during their internship period.
"In other States including Assam, the Foreign Medical Graduates (FMG) are getting stipend. It is a case of severe harassment if the FMGs are not paid stipend for the duty rendered by them. The same is also violative of the natural justice principles as it severely. sacrifices the basic rights of the FMGs," submitted the plea.
The plea also relied on the case of Abhishek Yadav & Ors. vs. Army Medical College & Ors and highlighted how in this case, the Apex Court had expressed grave concerns regarding the non-payment of stipends to the MBBS interns, likening the situation to "bonded labor".
"Since this Hon'ble Court has taken cognizance of the situation in a similar writ petition filed in the case of Abhishek Yadav (supra) and it is recorded in order dated 15.09.2023 that 70% of the other medical colleges are also not paying stipend, the Petitioners are filing the present writ petition to bring to the kind notice of this Hon'ble Court such similar instances. That the Petitioners are, inter alia seeking issuance of a writ of Mandamus, or any appropriate writ, order or direction to the Respondents…," stated the plea.
Therefore, the plea prayed for a direction against the Atal Bihari Vajpayee Government Medical College, Vidisha to provide a regular monthly stipend to the petitioners and certain other students for the entire period of their internship, which commenced on 01.04.2023.
However, the issue of stipend paid to the FMGs was once again addressed by NMC last year when it issued a clarification regarding the conduct of internships for medical graduates from abroad.
Putting an end to the confusion of the Foreign Medical Graduates (FMGs), the National Medical Commission (NMC) issued a clarification regarding the conduct of internships for medical graduates from abroad. Issuing a circular in this regard on May 9, 2023, the President of UG Medical Education Board (UGMEB), Dr. Aruna V Vanikar addressed several issues including important provisions under CRMI Regulations 2021 for the FMGs, validation for Online study by Commission, applicability of NMC Public notice dated 28.07.2022 on FMGs, requirement of Domicile by FMGs for internship, completion of Internship by FMGs in parts at hospitals and medical colleges, issue concerning payment of stipend to FMGs, and one-time relaxation to Foreign Medical Graduates to complete internship.
Referring to the issue of stipend, the NMC mentioned, "National Medical Commission vide Circular dated 19.05.2022, requested to all Directorates of Medical Education & State Medical Councils to ensure that no internship fee is charged by the medical colleges/institutes from these interns Indian and Foreign Medical Graduates and stipend including other facilities is being provided to FMGs as equivalent to Indian Medical Graduates in the States/UTs."
"However, considering the requests/representations from various State Governments/UTs/medical colleges wherein it was intimated that there has been no budgetary provision in their allocation of annual budget to provide stipend to Foreign Medical Graduates, the Commission vide circular dated 19.10.2022 has already clarified that the amount of stipend to be paid to the interns is to be decided/fixed by the appropriate authority applicable to the Institution/University or State. The implementation of these guidelines/instructions/advisory is solely at the discretion of the concerned State authorities under which the medical college/institute is located," it added.
Also Read: FMG internship in India: NMC releases clarification on CRMI, check out details
