Supreme Court Issues Notice on Foreign Medical Graduates' Plea Over Unpaid Stipend
The Supreme Court of India on Monday, May 5, 2025, issued notice in a plea filed by Foreign Medical Graduates (FMGs) currently undergoing internship at Mahaveer Institute of Medical Sciences, Bhopal, challenging the non-payment of stipend.
A bench comprising Justice Sudhanshu Dhulia and Justice K. Vinod Chandran issued notice to the concerned authorities.
Filed through Advocate on Record Tanvi Dubey on behalf of Foreign Medical Graduates (FMGs), the plea argues that non-payment of stipends violates their fundamental rights under the Constitution.
It has been further argued that FMGs and Indian Medical Graduates (IMGs) are working similar duty hours, yet FMGs are being arbitrarily denied their rightful stipends.
Referring to Clause 3 (Schedule IV) of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021, the petition contends that the said provisions mandate that all interns must be paid a stipend as fixed by the appropriate authority applicable to the institution.
Highlighting financial struggles faced by students, the petition states, "Incurring all the expenses including food, accommodation, travel, and miscellaneous expenses 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".
Pointing out that many interns have taken education loans to finance their medical studies, the plea states that the interns now face great difficulty in meeting both educational and day-to-day expenses. It also notes that several interns are posted outside their home states, which further adds to their financial burden.
Citing the Supreme Court's judgment in Abhishek Yadav & Ors. vs. Army Medical College & Ors. [W.P. (C) No. 730/2022], the petition states that the court allowed the payment of stipend to interns pursuing their compulsory one-year internship.
The plea before the top court further emphasises that FMGs have already spent 4–6 years of their lives on medical education, and now that they have returned to their home country to contribute back, such administrative hurdles are hampering their motivation and making their qualifications of no use.
Accordingly, it seeks directions from the concerned authorities to provide a regular monthly stipend for the entire period of the internship with retrospective effect.
It also prays for a direction to the National Medical Commission to instruct the other respondents to determine the stipend payable to the petitioners for the entire internship period, as per the standards followed by other medical colleges.
Case Title: AKASH UDAYAKUMAR & ORS VERSUS NATIONAL MEDICAL COMMISSION & ORS