Supreme Court Issues Notice On Pleas Seeking Monthly Stipend For Foreign Medical Graduates At Govt Colleges In Kerala, AP

The Supreme Court today issued notice on pleas seeking regular monthly stipend for foreign medical graduates (FMGs) pursuing compulsory internships at different government medical colleges, teaching and non-teaching institutes in Kerala and Andhra Pradesh.

A bench of Justices BR Gavai and Prashant Kumar Mishra heard the matter and tagged it alongwith similar cases pending adjudication.

In the subject petitions, petitioners - FMGs and an Association representing FMGs - have placed reliance on Clause 3 (Schedule IV) of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 to aver that FMGs are entitled to a regular stipend. They claim that since March 2024-June 2024, when the petitioner-FMGs commenced their year-long compulsory internships, they have had to take care of their daily expenses.

"The FMGs have been taking care of their daily expenses while doing the compulsory internships. No amount has been received towards till date...Petitioner wrote several representation to the Respondents to provide regular stipend to the students. However, till date there is no response on the same."

Claiming that the respondents' act of withholding stipends is unjust and arbitrary, the petitioners assail the artificial divide created between them and doctors from other colleges, and assert that stipend should be extended to FMGs at par with Indian Medical Graduates.

"many interns availed education loan for their graduation and their regular EMI payments are also due. Therefore, it is thoroughly impossible for them to meet educational expenses and other day-to-day expenses", the pleas add.

In support of the reliefs sought, the petitioners lay emphasis on NMC's circulars dated 4th March 2022, 19th May 2022 and 9th May 2023, wherein it is mentioned that the stipend to the FMGs should be extended equivalent to Indian Medical Graduates.

Among others, they also rely on the decision of the Supreme Court in Abhishek Yadav & Ors. v. Army Medical College & Ors. where, vide order dated 15.09.2023 payment of stipend was allowed to interns of MBBS course pursuing their compulsory one-year internship.

The petitioners (Foreign Medical Graduates) are represented by Advocate Tanvi Dubey.

Case Title: Association of Doctor and Medical Students v. Government Medical College, Thiruvananthapuram and Ors., W.P.(C) No. 632/2024 (and connected case)