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Synopsis

Foreign Medical Graduates students, who are currently undergoing internship at Government Medical College at Sirohi, Dausa, Alwar and Chittorgarh, Rajasthan and at Ram Manohar Lohia Hospital, New Delhi have approached the Supreme Court of India over non-payment of stipend in parity with the Indian Medical Graduates.

A bench of Justices BR Gavai and KV Viswanathan has issued notice to the Central government in the matter.

The students have told court that they were earlier under the presumption that they will be paid stipend for the period of their internship, in terms of the Regulations.

However, the plea submits, they were shocked to note that on joining the internship, they were forced to give an undertaking on an affidavit that the internship will be without any stipend.

"It was catch 22 situation for the students as they had no other option but to sign that undertaking. While joining the internship, they had no idea that they will have to incur huge day to day expenses including accommodation, travelling etc. They were surprised to note that even the expenses involved in rural posting was required to be incurred by them...", the petition states.

It is the petitioner's case that an artificial divide has been created between students from other colleges who are getting stipend.

"Several candidates have availed education loan for their course and their regular EMI payments has also started from last year. Therefore, it is thoroughly impossible for them to meet education and other day-to-day expenses", the court has been told.

The top court's recent decision from October 2023 in Abhishek Yadav & Ors vs. Army Medical College & Ors. allowing payment of stipend to the interns pursuing their compulsory internship has also been cited.

"It is trite that the directions issued with respect to the Army Medical College in the aforementioned writ petition with respect to the MBBS students deals with the unlawful act of the Respondents in withholding the stipend for the duty clone by the MBBS students. The said is also applicable in case of the FMGs since they are also doing an internship which comprise of hospital duties. There is no difference in the nature of work they do as compared to the nature of work done by the MBBS interns, Therefore, withholding the stipend, which is also provided in the circular of NMC, is clear violation of their fundamental right....", the writ petition filed under Article 32 says.

Case Title: MONA PRIYEDARSHINY & ORS vs. THE NATIONAL MEDICAL COMMISSION & ORS.