MBBS Internship : Supreme Court Seeks NMC Response On Plea Seeking Stipend For Foreign Medical Graduates

The Supreme Court on Monday (May 6) issued notice in a plea challenging the non-payment of stipends to foreign medical graduates (FMGs) interning at Indian Hospitals/ Medical Institutions. 

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

Advocate Tanvi Dubey for the petitioner submitted that the lack of stipends to FMGS was arbitrary, as they were serving the same duty hours as Indian Medical Graduates but were not getting a stipend in parity with their Indian counterparts.

It was stressed that most of the FMGs were continuing their internships and bearing all living costs themselves. FMGs have tentatively spent a total of Rs 17,500 on a routine basis.  

The Court sought the responses of the National Medical Commission, the State of Madhya Pradesh, the Colllege in question, the Directorate of Medical Education and Health Services.

The plea states : 

"It is pertinent to mention that the duty hours put in by the FMG is similar to the Indian Medical Graduates (hereinafter “IMG”). It is further pertinent to note that FMGs from different medial colleges are getting stipends during their internships. Further is important to note that all the FMGs are incurring all the expenses including food, accommodation, travel, and miscellaneous expense on their own account without any stipend whatsoever. This is a catch-22 situation for them since they have no other option but to continue their internship on their own expenses. It is further pertinent to note that most of the students are not the resident of the places where the college is situated and therefore have to incur additional expenses."

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 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.

The plea states that as per the circular dated 4th March 2022 and 19th May 2022 issued by the National Medical Commission, it is categorically provided that the stipend should be provided in parity with the Indian Medical Graduates. 

The petitioner seeks directions to the respondent hospital to decide upon the stipend to be provided to the FMGs and ensure that the amount is provided regularly. 

The matter will now be heard in July. 

Case Details : AKASH UDAYAKUMAR & ORS. VERSUS NATIONAL MEDICAL COMMISSION &ORS | W.P.(C) No. 000397 / 2025

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