MBBS Stipend | 'Wake Up From Slumber' : Supreme Court Chides NMC For Not Enforcing Directive To Colleges To Disclose Stipend Details

In a batch of cases concerning the non-payment of stipends to medical students, the Supreme Court strongly criticised the National Medical Commission (NMC) for failing to comply with its own directive issued in July requiring all medical colleges and institutions to mandatorily disclose stipend details within seven days.

A bench comprising Justice Aravind Kumar and Justice NV Anjaria directed the NMC to file a compliance affidavit within 2 weeks. It remarked that it is expected that the NMC would wake up from "slumber" and comply with its own communication.

It ordered: "The conduct of the NMC requires to be deprecated in as much as the payment of the stipend to the interns has been pending since long before this Court and yet, NMC seems to be dragging its feet without any serious consideration. As such, we are forced to make this observation. We hope and trust the NMC would get up from its slumber and take appropriate steps as indicated in its own communication dated 11. 07. 2025, at least by the next date of hearing. The NMC shall also file an affidavit enclosing the list of medical colleges/institutes which have published the details as indicated in the communication dated 11.07.2025 and also produce the copy for the perusal of this Court. Secretary, Ministry of Health and Family Welfare shall ensure that the NMC would comply as indicated in the communication dated 11.07.2025."

The Supreme Court has been hearing a batch of petitions in which medical students, including foreign medical students, have raised the issue that they have not been paid the stipends for internships.

A bench headed by former Chief Justice of India DY Chandrachud, in September 2023, directed the NMC to file a tabulated chart and explain (i) whether the statement regarding lack of stipend for medical interns is true and (ii) what steps the NMC were taking to ensure compliance with the norm of paying internship stipend. However, on April 1, 2024, it observed that the NMC had yet to give these details and once again asked for the details.

Today, Advocate Tanvi Dubey, appearing for some of the petitioners, submitted that the NMC has not complied with its communication dated July 11, 2025, for the payment of stipend. Ministry of Health and Family Welfare was represented by Additional Solicitor General, Aishwarya Bhati.

On July 11, NMC sought mandatory disclosure of fee structure and medical stipends from colleges under its purview, in compliance with various regulations and in light of the August 1 order of the Supreme Court, with a view to fostering fair, ethical, and transparent practices. It gave 7 days to the medical colleges/institutions to fill google link to fill stipend and fees structure details.

The communication specifically stated that non-compliance with its order would attract regulatory measures, including a show-cause notice, imposition of financial penalties, withdrawal of course recognition and suspension of admission.

The Court orally reiterated its concern that, despite the medical students being made to work for more than 18 hours, they are not being paid a stipend, which is the basic thing they deserve.

Justice Kumar inquired of the NMC's counsel, Advocate Shashank Manish, if they had complied with their own communication. Dubey submitted that the doctors are unjustly denied the stipend and that there is a heavy delay. She submitted that the batch that filed the writ petitions has also graduated, and yet no steps have been taken by the authorities. She accordingly requested an early disposal.

The Court then passed an order for the NMC to file an affidavit of report within 2 weeks.

Case Details: ABHISHEK YADAV Vs ARMY COLLEGE OF MEDICAL SCIENCES|W.P.(C) No. 730/2022 and others