MBBS : Supreme Court Issues Notice On Foreign Medical Graduates' Plea Seeking Payment Of Stipend

MBBS : Supreme Court Issues Notice On Foreign Medical Graduates' Plea Seeking Payment Of Stipend

Gyanvi Khanna

23 Jan 2024 2:30 PM

In a writ petition filed by the foreign medical graduates (FMGs) challenging non-payment of stipend to them, the Supreme Court issued notice today (on January 23).

The plea filed by the students, who are currently undergoing internship at Atal Bihari Vajpayee Government Medical College, Vidisha, was placed before Justices B.R. Gavai and Sandeep Mehta.

The petition is tagged with Abhishek Yadav & Ors. vs. Army Medical College & Ors. (W.P. (C) No. 730/2022). This case pertains to a plea in which 70 percent of medical colleges do not pay any stipend or are not paying the minimum set stipend to doctors doing MBBS internships. Therein, the Court directed the Army College of Medical Sciences to pay a stipend (of Rs. 25000) to the interns doing their compulsory one-year internship.

Contents Of The Instant Petition

At the outset, the petition has placed its reliance upon circulars dated 4th March 2022 and 19th May 2022 issued by the NMC. The petitioner states that as per this circular, the stipend to the FMGs should be extended equivalent to Indian Medical Graduates

The plea goes on to state that a notice was issued by the Government Medical Education Department, Madhya Pradesh, to the Commissioner of Medical Education, Bhopal, which inter alia provided that a stipend of Rs. 12760/- should be paid to the interns with effect from 01.04.2022.

Pertinently, the internship of the Petitioners commenced on 01.04.2023. The batch comprising 69 students was paid a stipend of only Rs. 12760/-for two months. However, after two months, the students have not been paid a stipend since June 2023.

“The students raised several grievances before different authorities, however, till date the same is not addressed.,” the petitioners added.

It is also contended that the above act of not paying the stipend is unjust, arbitrary, and non-justifiable as, among others, it creates an artificial divide between the students from other colleges who are getting stipends.

“In other States including Assam, the Foreign Medical Graduates (FMG) are getting stipend. It is a case of severe harassment if the FMGs are not paid stipend for the duty rendered by them. The same is also violative of the natural justice principles as it severely. sacrifices the basic rights of the FMGs.”

Moving forward, the plea also strengthens from Abhishek Yadav & Ors. vs. Army Medical College & Ors. One may note that, in this matter, the Supreme Court expressed grave concerns regarding the non-payment of stipends to MBBS interns, likening the situation to "bonded labor."

“Since this Hon'ble Court has taken cognizance of the situation in a similar writ petition filed in the case of Abhishek Yadav (supra) and it is recorded in order dated 15.09.2023 that 70% of the other medical colleges are also not paying stipend, the Petitioners are filing the present writ petition to bring to the kind notice of this Hon'ble Court such similar instances. That the Petitioners are, inter alia seeking issuance of a writ of Mandamus, or any appropriate writ, order or direction to the Respondents…,” the plea states

In view of this, inter-alia, a direction is sought against the respondent to provide a regular monthly stipend to the Petitioners and certain other students for the entire period of their internship (which commenced on 01.04.2023).

Advocate-on-Record Charu Mathur and advocate Tanvi Dubey represent the petitioners.

Case Title: SAJITH S L vs. ATAL BIHARI VAJPAYEE GOVERNMENT MEDICAL COLLEGE, VIDISHA., Diary No.- 53064 - 2023