MBBS Graduates from Private medical college move Bombay HC Seeking Stipend Parity During Internship, notice issued to NMC, state
Bombay High Court
Nagpur: Demanding parity in stipend for the MBBS interns in private and government medical colleges, a group of medical graduates from a city-based private medical college have filed a plea before the Nagpur bench of Bombay High Court.
The medicos, who pursued their medical education from NKP Salve Institute of Medical Sciences (NKPIMS), pointed out that they receive only Rs 4,000 per month as their stipend while the medicos at the Government Medical Colleges and Hospitals (GMCH) and the government-aided colleges receive Rs 18,000 per month.
In their plea, the petitioners, represented by counsel Ashwin Deshpande, have prayed for the implementation of a Government Resolution dated 27.02.2024, which was issued by the State Medical Education and Drugs Department.
As per the petitioners, implementing this G.R would address the issue of disparity between the stipends paid to the MBBS interns at the private and government medical institutes.
Also Read: From Rs 15k to Rs 1.25 lakh per month: NMC data reveals glaring stipend disparity
While considering the matter, a Division bench of the HC comprising Justices Nitin Sambre and Abhay Mantri issued notices to the authorities and asked them to respond by August 8. TOI has reported that notice has been issued to the State Medical Education and Drugs Department, the National Medical Commission (NMC), the Directorate of Medical Education and Research (DMER), the Fees Regulation Authority (FRA), and the Dean of NKPIMS.
The fourteen MBBS graduates, who filed the plea, relied on the regulations framed using the power granted by Section 57 read with Section 24(1) of the National Medical Commission Act, 2019 and the definition of "stipend" mentioned in the regulations.
They stressed on the fact that as medical graduates, they are obligated to complete a mandatory internship, for which they should be compensated fairly. Highlighting the inconsistency in stipends across institutes. They pointed out that while some private colleges such as Krishna Institute of Medical Sciences in Karad, offer stipends of Rs 11,000 per month, their college i.e. NKPIMS gives only Rs 4,000 per month to its medicos. Referring to this discrepancy, they argued that NMC needs to issue uniform directives to all private medical colleges to regulate stipend payments.
Further, the petitioners have contended that the stipend should not be regulated under the provisions of the Maharashtra Unaided Private Professional Educational Institutions (Regulation on Admissions and Fees) Act, 2015. According to them, since the stipend is not a part of the fee structure, FRA has no authority to determine it and the authority is only concerned with the fee regulation and approval of the private unaided colleges.
Referring to the stipend disparity, the petitioners pointed out that this lack of parity has persisted since 2017 and despite demands from students and medical practitioners for fair stipends, neither the erstwhile Medical Council of India nor NMC has issued any clear directives mandating private colleges to pay fair and just stipends to the MBBS interns.
The issue of stipends paid to the MBBS interns is also being considered by the Supreme Court. Medical Dialogues had earlier reported that during the hearing of the issue earlier this year, the Supreme Court had directed 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.
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: Non-payment of stipend to MBBS interns: Supreme Court to hear matter tomorrow
