'Make them work 18-19 hours, no stipend'! SC slams Army College of Medical Sciences, orders to pay Stipend Arrears to MBBS Interns

New Delhi: The Supreme Court bench recently directed Delhi-based Army College of Medical Sciences (ACMS) to clear internship stipend arrears, calculated at Rs 25,000 per month, to the MBBS interns of the 2022 batch, who had originally approached the Court in this regard.

Back in September 2023, the top court bench had directed the college to pay a monthly stipend of Rs 25,000 to medical students from batches from October 2023.

While hearing a plea filed by medical graduate Abhishek Yadav and others through lawyer Tanvi Dubey, the Apex Court bench comprising Justices Sudhanshu Dhulia and Aravind Kumar noted that even though the subsequent batches received the Rs 25,000 batches, the students from the 2022 batch, who had approached the Court and who have already completed their internship, were not paid internship stipend arrears and they were left uncompensated.

At the outset, Justice Dhulia questioned senior advocate R Balasubramanian, appearing for ACMS, as to why the 2022 interns had not been paid, even after nearly three years.

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 had directed the National Medical Commission's counsel Advocate Gaurav Sharma to respond to the claim and file an affidavit.

Recently, during the hearing of the matter concerning the ACMS students, the top court bench comprising Justice Sudhanshu Dhulia and Aravind Kumar questioned Senior Advocate R Balasubramanian, for the Army College, over the failure to disburse the stipend even after three years had passed.

At this outset, Advocate Tanvi Dubey, the counsel for the petitioners, informed the Court that three subsequent batches had received a stipend of Rs 25,000.

However, Live Law has reported that another advocate, who appeared for petitioner Abhishek Yadav submitted, "They have already given their services in the mandatory internship program. This order says that the present batch commencing from today should get stipend of Rs. 25,000. We are the ones that approached the Court. We have already interned and given our services and we have not been given any sought of arrears."

Justice Kumar also strongly criticized the stand of the ACMS and said, "You make them work for 18 hours, 19 hours, and you don’t want to pay them a stipend?"

In response, the counsel for the medical college, Balasubramanian contended that the college is managed by a private society and does not receive government funding.

However, Justice Dhulia observed that since these students worked for the college, they must be paid the stipend. "These students have worked for the college. They must be paid," observed the top court bench.

It proceeded to record a statement of Balasubramanian that the Army College would extend the same Rs 25,000 stipend to all interns, including the 2022 batch. Citing previous orders passed by a three-judge bench, it ordered that similarly placed students should not be denied benefits.

Accordingly, the top court bench ordered,

"Advocate R Balasubramanian, who appears for Army Medical College Sciences has made a very fair statement that Army College will give the same stipden of Rs. 25,000 to all the interns. A three-judge bench of this Court on the same matter had passed the following orders giving stipend to the interns who are similarly situated as the petitioners batch commencing from 1 October 2023, for whom a stipend of Rs. 25,000 was fixed. We are informed that this stipend has been given. As regarding previous batch, it was said as follows. We are of the opinion that the same benefit ought to be given to the previous batch as well. Since nothing has come from the Respondent as to the amount, consequently we direct that interns of 2022, who had done their internship with Army Medical College, that also be paid an amount of Rs. 25,000. Let the same be calculated and paid within eight weeks."

PTI has reported that Advocate Dubey also brought to the attention of the court the plight of the foreign medical graduates and said that it is a case of bonded labour if they do not get the stipend.