MBBS : Supreme Court Directs AMU To Disburse Stipend Arrears To Foreign Medical Graduates At Par With Indian Graduates

The Supreme Court today (July 15) directed the Aligarh Muslim University (AMU) to give internship stipend arrears to 11 Foreign Medical Graduates (FMGs) within 2 weeks. 

The bench of Justices Sudhanshu Dhulia and Aravind Kumar was hearing the plea filed by 11 medical students who completed their primary medical education from foreign institutions and qualify as FMGs. They are now completing their internship at Jawaharlal Nehru Medical College, Aligarh- a constituent college of AMU. 

The petitioners, represented by Advocate Charu Mathur, are aggrieved by the non-payment of stipends given to them compared to Indian Medical Graduates (IMGs) at Aligarh Muslim University (AMU) who are undergoing Compulsory Rotating Medical Internship (CRMI). 

The bench directed AMU to disburse the stipend of Rs. 26,300/- per month to the petitioners within two weeks. Thus, ensuring that the FMGs get the same amount of stipend, which is already being paid to IMGs.

As per the plea, IMGs are being paid Rs. 26,300/- as stipend by the AMU. In contrast, FMGs at other central universities like BHU are also being paid the same amount. However, the FMGs at the AMU are not being paid any stipend, which amounts to unreasonableness. 

Notably,  Clause 3 (Schedule IV) of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 provides for a mandatory stipend to all medical interns. It states :

(a) All interns shall be paid a stipend as fixed by the appropriate authority applicable to the institution/ University or State.

(b) Stipend may not be paid during any period of extension except in the case of maternity or paternity leave or medical leave, as may be recommended and approved by the Medical Board. Total stipend paid for the entire internship may be for fifty-two weeks (Twelve months) only.

It is the claim of the petitioners that the AMU is not disbursing the funds allocated to it by the University Grants Commission (UGC). The plea refers to the Annual Report for 2023-2024 which shows the balance of Rs 83.3117 Crores under the salary head allotted to AMU. 

On calculation, the plea states that the total sum due for the 11 FMG petitioners over 12 months is Rs. 34,71,600/- (Thirty-Four Lakhs Seventy-One Thousand Six Hundred only).

The plea further states : "Despite having access to the necessary funds, the Respondent University is unjustifiably delaying the payment of stipends to the Petitioners. In a manifestation of bureaucratic inertia, the University has resorted to repeated correspondence with the UGC, seeking additional funds for stipend disbursement. However, the UGC has already clarified in its communication that stipends are to be paid from the salary head of the grant (OH-36). Despite the availability of funds. Respondent No.l has inexplicably failed to release the stipend, thereby perpetuating an unjust and discriminatory situation against the Petitioners." 

Notably, the bench of Justice Sudhanshu Dhulia and K Vinod Chandran is also considering the issue of non-payment of stipend to foreign medical graduates (FMGs) who were interning at Mahaveer Institute of Medical Sciences, Bhopal. 

In 2024, the Apex Court issued a clear directive to the National Medical Commission (NMC) to submit details regarding the stipend status of medical colleges across all States.

Case Details : ZABIHULLAH vs. ALIGARH MUSLIM UNIVERSITY | W.P.(C) No. 000232 / 2025