Supreme Court relief: FMGs to now get stipend during internship as Indian MBBS interns
New Delhi: While considering the issue of non-payment of stipend to Foreign Medical Graduates (FMGs) during the compulsory internship, the Supreme Court has 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.
This observation was made by the top court bench comprising Justices Sudhanshu Dhulia and Prasanna Bhalachandra after taking note of the submissions of lawyer Tanvi Dubey, appearing for a group of doctors, that foreign medical graduates in certain medical colleges are not being paid stipends during their internships.
Medical Dialogues had earlier reported about the plea filed by the FMGs challenging the non-payment of stipend during the compulsory internship. Earlier, 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 had issued notices on January 23.
The plea was tagged with the case titled Abhishek Yadav & Ors. vs. Army Medical College & Ors. (W.P. (C) No. 730/2022), and during the hearing, the top court had taken cognizance 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.
Now, during the recent hearing of the case of non-payment of stipend to the FMG Interns on Monday, the Apex Court bench asked the National Medical Commission (NMC) to produce details of three colleges with the status of the payment of stipend to foreign medical graduates, PTI has reported.
Also Read: FMGs challenge Non-Payment of Stipend, Supreme Court Issues Notice
The colleges are Atal Bihari Vajpayee Government Medical College, Vidisha, Dr Laxminarayan Pandey Government Medical College, Ratlam and Employees State Insurance Corporation Medical College, Alwar.
The court said it was paramount that stipend is paid and warned the colleges that the strictures will be passed if its earlier order on payment of stipend is not complied with.
"The medical colleges cannot treat MBBS and foreign medical graduates differently," the bench said and asked the NMC and the medical colleges to get back with the instruction on the issue.
Earlier, the top court on January 23 had sought responses from the NMC and the Atal Bihari Vajpayee Government Medical College on a plea filed by five foreign medical graduates including Sajith SL of Thiruvananthapuram. Few other petitions are also pending on the issue.
The top court had taken note of the submissions of Dubey that the foreign medical graduates should be treated at a par with those who did MBBS from Indian institutions.
The lawyer had argued that these students are being deprived of their rightful claim of monthly stipend even when the notification issued by the NMC states that they be treated on a par with Indian medical graduates.
"Issue an appropriate Writ… directing the Respondent No. 1 (medical college) to provide regular monthly stipend to the Petitioners and students part of list… for the entire period of their internship," the plea stated.
It also sought directions to the NMC and others to determine the stipend to be paid to such students for the entire period of their internship as per the standards followed by other medical colleges.
Medical Dialogues had earlier reported that the plea had 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.
Last year, 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.
These students are currently doing their internship at Atal Bihari Vajpayee Government Medical College in Vidisha. The plea also referred to the November 17, 2022 notice of the Government Medical Education Department of Madhya Pradesh which provided for a stipend of Rs 12,760 to interns with effect from April 1, 2022.
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.
Thereafter, 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
