FMGs entitled to CRMI stipend, internship fee demand has no legal basis: Kerala HC grants relief to medico
Ernakulam: In a recent order, the Kerala High Court reiterated that foreign medical graduates (FMGs) are entitled to the payment of a stipend during the period they undergo the Compulsory Rotating Medical Internship (CRMI).
Further, the HC bench comprising Justice Bechu Kurian Thomas held that the demand for an internship fee is without any legal basis.
These observations were made by the High Court while considering the plea filed by a medical graduate from abroad who sought directions to the authorities, including the State Government of Kerala, Director of Health Service, Medical Superintendent of the General Hospital Thiruvananthapuram, and the Kerala State Medical Council for issuance of an internship completion certificate without demanding any internship fee.
Further, the petitioner also sought a direction to pass orders on par with the National Medical Commission's (NMC) circular dated May 19, 2022.
Case Background:
The petitioner, a foreign medical graduate, underwent the compulsory internship at the General Hospital, Thiruvananthapuram. After completing the internship, he requested the issuance of an internship completion certificate. However, the Medical Superintendent allegedly demanded an internship fee from the petitioner.
Apart from this, the petitioner also had a grievance that he was not paid any stipend during the period of his internship, and therefore, he sought directions in that regard as well.
It was argued by the medico that the NMC circular dated 19.05.2022 provides for the payment of stipend to every doctor who is undergoing Compulsory Rotatory Medical Internship and therefore, the petitioner was entitled to the payment of stipend.
Observations by High Court:
After taking note of the submissions by the parties, the HC bench observed that the question regarding demand and payment of internship fee has already been considered by the Kerala High Court in its decision in the case of Mohammed v. State of Kerala. In that order, it was held that the NMC circular dated 19.05.2022 unequivocally prohibits levy of internship fee and describes such levy as illegal.
"On that basis, the G.O dated 19.05.2022, issued by the State of Kerala, was found to be legally unsustainable. In view of the above judgment, it is evident that the demand for internship fee is without any legal basis," observed the High Court.
The Court noted that the petitioner also sought a direction to treat him on par with the guidelines and rules mentioned in the circular dated 19.05.2022. As per the said circular, the National Medical Commission had observed that every Foreign Medical Graduate is entitled to payment of stipend during the period the doctor undergoes compulsory CRMI.
Referring to this, the HC bench further observed, "This Court has already observed in various cases that stipend for the period of CRMI undergone by a doctor ought to be paid by the Government. Hence, the petitioner is entitled for the reliefs sought for."
Accordingly, granting relief to the petitioner, the High Court bench ordered the following:
i) The third respondent (hospital) shall forthwith issue an internship completion certificate to the petitioner without demanding any internship fee.
ii) If the petitioner applies through the third respondent along with a copy of the completion certificate for payment of the stipend due to him for the period during which he had undergone CRMI, the said claim shall be forwarded to the competent authority immediately.
iii) The competent authority of the first respondent (state) shall process the claim of the petitioner and disburse the eligible stipend at the earliest, at any rate, within an outer period of three months from the date of receipt of the claim.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/2026/09/01/s-murukan-vs-state-of-kerala-473590.pdf
