There cannot be disparity between Indian medical graduates, FMGs: SC to decide on internship stipend, seeks NMC response
New Delhi: The Supreme Court of India recently sought the National Medical Commission's response to the delay in paying stipends to foreign medical graduates from Rajasthan, Andhra Pradesh, Kerala, Gujarat, and Jharkhand.
Observing that there cannot be any disparity between Indian and Foreign Medical Graduates, the Apex Court bench further said that it would pass comprehensive directions to ensure that all undergraduate medical students doing internships, whether they have pursued their education in India or abroad, are paid a stipend.
Further, the bench also expressed that it would also examine whether the State governments are required to appoint retired judges to deal with the issue of non-payment of stipends to interns.
"We will protect the interests of the entire undergraduate of this country. We will pass final orders. We will going to comprehensively pass an order. First, all undergraduates will get it. There can't be disparity between Indian medical graduates and foreign. Both are doctors; the only thing is that he has studied abroad. If there is non-implementation, the Supreme Court can't interfere. We will entrust an authority, whether its a fee regulation commission or any, if a retired judge is to be appointed by State governments exclusively for this," the Apex Court bench comprising Justices Aravind Kumar and M. Pancholi observed.
The bench also asked the Rajasthan government to disburse the stipend to students within two weeks. The top court warned that in case of non-compliance, the state secretary will be summoned to the court.
Background- What happened so far:
Medical Dialogues had earlier reported that the Supreme Court took note of an allegation that MBBS interns in 70 percent of the medical colleges in the country were not paid a stipend. Accordingly, after the Supreme Court's directions, NMC had given a deadline to the medical colleges to submit the details of the stipend paid to their UG Interns, Post-Graduate Residents, and Senior Residents of PGs in Super Speciality for the financial year 2023-2024 by 23rd April 2024.
The medical colleges were directed 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 Speciality for the academic year 2023-2024.
Back in November, 2024, NMC slapped show-cause notices on 198 institutes for not complying with the Commission's directives to upload the details of the stipend paid to the interns and resident doctors.
Last year, the Supreme Court slammed NMC for failing to take any action against the erring institutes. Expressing its hope and trust that the "NMC would wake up from its slumber" and take appropriate steps as indicated in its notice dated 11.07.2025 by the next date of hearing, the Court had also directed the Commission to file an affidavit enclosing the list of medical colleges which have furnished the stipend details.
Recently. NMC's counsel submitted before the Supreme Court bench of Justices Aravind Kumar and P B Varale the details regarding the status of payment of stipend made to interns/junior residents/senior residents by the respective medical colleges.
NMC had informed the Apex Court that the issue of non-payment of stipend to medical students exists only in 7 out of 756 medical colleges. According to the Apex Medical Commission, there is no dispute with regard to payment of stipend by 573 colleges, and 176 medical colleges have been established in the recent past; as such, the question of payment of stipend would not arise in those 176 medical colleges.
Cannot be Disparity between IMGs and FMGs, says Supreme Court:
During the hearing on September 17, 2026, the order was passed in 13 petitions, which were represented by Advocate on Record Tanvi Dubey. She submitted a chart stating that there are certain colleges which are not paying any stipend to the foreign medical graduates. Dubey pointed out that only a few colleges in Rajasthan were paying a stipend to the FMGs, whereas none were paying a stipend in Kerala.
According to a PTI report, Advocate Dubey further submitted that there is a circular of the National Medical Commission (NMC) itself which provides that there has to be parity between the Indian and foreign medical graduates.
However, despite that, there is no parity in most of the states when it comes to payment of stipend to the foreign and Indian medical graduates while they are doing the same kind of duties and putting in the same kind of hours.
On the other hand, the counsel for NMC submitted that stipends were paid to all students in colleges which were recognised by them. He added that only 7 colleges were not paying stipend and even they started paying when NMC imposed a cost on them.
In response, nodal counsel Advocate Charu Mathur, who was representing 3 other petitioners, reminded the Court about its 2023 order where it had directed the NMC to file a tabulated chart explaining whether stipends have not been paid in 70% of the colleges. She also informed the Court that she has filed a convenience compilation as per which the NMC's data was analysed and out of 443 colleges, only about 50% of the colleges were found to be paying stipends to interns, while the remaining were not.
According to a Live Law report, taking note of this, Justice Kumar told the NMC counsel, "If your affidavit is contrary to what has been stated, we will summon your Director."
Advocate Mathur further pointed out that the State of Rajasthan had been obtaining affidavits from interns seeking to create an estoppel against them from claiming stipend or approaching the Court in future. She also submitted that despite sanctioning budgetary funds for paying stipends, the State had failed to release the same, citing constraints of budgetary allocation. She also pointed out that the issue was not limited to these petitioners but extended to all undergraduate medical interns across the country. However, the State of Rajasthan submitted that the budgetary sanction was yet to take place.
Questioning the State for its stance, Justice Kumar said, "You utilise the services of the doctors and you don't pay them? If you don't pay them within one week, your Secretary, Ministry of Health shall appear before the Court and we will frame charges against him for suo moto cognisance of contempt. Doctors, you make them work for 15-16 hours and they are so scared. The undergraduates, they will not open their mouths because they have to go for PG[post graduation] and they may come in same college or meet the same professor and they are scared the HoD may question them."
In response, counsels for the State of Rajasthan and Gujarat, respectively, submitted on record that they would release funds to all interns.
Accordingly, the Court ordered, "Learned counsel has placed on record the chart containing the list of 13 matters in which the petitioners have not been paid the stipends during the internship. Though the affidavit of NMC reflects all have been paid, the chart reflects the contrary to the said and hence, the counsel of NMC should ascertain and file a final affidavit. The learned counsel for the petitioner also submits that in State of Rajasthan, the amount being sanctioned has not been released on account of assigning the reason that there has been no budgetary sanction. Learned counsel for State of Rajasthan seeks two weeks. We make it clear that the order passed by this Court needs to be implemented in letter and spirit and in the event the said amount has been ordered to be paid is not paid, the Secretary, Ministry of Health and Welfare shall appear in person and show cause why contempt proceedings should not be initiated against him/her."
During the hearing, Advocate Dubey also raised the issue of lack of parity in the amount of stipend paid between the Indian Medical Graduates and FMGs. Advocate Mathur also pointed out that in Jharkhand, if the Indian Medical Graduates get Rs 30,000, the FMGs receive only Rs 17,500. Additionally, she informed the bench that one of her petitions raises this issue and it may be tagged with these petitions. The Court allowed this and observed that there cannot be any disparity between the Indian Medical Graduates and Foreign Medical Graduates. "Both are doctors; the only thing is that he has studied abroad," Justice Kumar observed.
