Foreign Medical Graduate Entitled To Stipend For Compulsory Internship, Completion Certificate Must Be Issued Without Any Fee: Kerala High Court
The Kerala High Court has held that issuance of an internship completion certificate to a Foreign Medical Graduate must be done without demanding any internship fee. It further directed to process his claim for payment of stipend for the period of his Compulsory Rotatory Medical Internship (CRMI).Justice Bechu Kurian Thomas issued the direction in a writ petition filed by a Foreign...
The Kerala High Court has held that issuance of an internship completion certificate to a Foreign Medical Graduate must be done without demanding any internship fee. It further directed to process his claim for payment of stipend for the period of his Compulsory Rotatory Medical Internship (CRMI).
Justice Bechu Kurian Thomas issued the direction in a writ petition filed by a Foreign Medical Graduate who had completed his internship at the General Hospital, Thiruvananthapuram.
The petitioner had approached the Court after the hospital authorities demanded payment of an amount towards internship fee before issuing his internship completion certificate. He also alleged that he had not been paid a stipend during his internship.
The Court relied on its earlier judgment in Sharooq Mohammed v. State of Kerala, in which it had considered the legality of levying internship fees from medical graduates.
The Court observed that the National Medical Commission's circular dated May 19, 2022 unequivocally prohibits the levy of internship fees and describes such levy as illegal.
The Court thus noted that the levy of internship fee is without any legal basis.
The Court further noted that the NMC circular specifically provides that every Foreign Medical Graduate is entitled to payment of stipend during the period of compulsory CRMI.
The Court directed the Medical Superintendent, General Hospital, Thiruvananthapuram, to issue the petitioner his internship completion certificate without demanding any internship fee.
It further directed that, if the petitioner applies through the Medical Superintendent along with a copy of the completion certificate for payment of the stipend due for his CRMI period, the claim must be immediately forwarded to the competent authority.
The competent authority of the State Government was directed to process the claim and disburse the eligible stipend at the earliest and, in any event, within three months from receipt of the claim.
With these directions, the Court disposed of the petition.
Case Title: Murukan S v State of Kerala and Ors.
Case No: WP(C) 28615/ 2024
Citation: 2026 LiveLaw (Ker) 469
Counsel for Petitioner: O.A. Nuriya, Revathy P. Manoharan, Aswathy Amby
Counsel for Respondent: Vivek Menon, K.S. Prenjith Kumar, Rukhiyabi Mohd. Kunhi (GP)