All Medical Graduates, Whether Indian Or Foreign, Must Get Stipends On Parity, Says Supreme Court

The Supreme Court today(September 17) asked the National Medical Commission to ascertain whether stipends have been paid to foreign medical graduates from the States of Rajasthan, Andhra Pradesh, Kerala, Gujarat and Jharkhand.

It also orally said that it will pass comprehensive directions that all undergraduate medical graduates, irrespective of whether they are Indian medical graduates or foreign medical graduates, should be paid a stipend and that too should be on parity between them. Further, it expressed that it will see whether retired judges are required to be appointed by the State governments exclusively to deal with non-payment of stipends.

A bench comprising Justice Aravind Kumar and Justice M. Pancholi passed an order directing NMC to clarify its position after a submission was made that the NMC has filed a false affidavit, as in 13 writ petitions, the foreign graduates are yet to receive the stipend.

Today, 13 petitioners, represented by nodal counsel Advocate Charu Mathur and Advocate on Record Tanvi Dubey, submitted that they have filed a chart which clearly shows that these petitioners are yet to receive the stipend. The arguments were made in a pending batch of petitions challenging the non-payment of stipends to the FMGs.

Per contra, NMC's counsel stated that stipends are paid to all students in colleges which are recognised by them. He added that only 7 colleges were not paying stipends, so once NMC imposed a cost on them, they also started paying. Responding to this, Mathur reminded the Court of its 2023 order wherein it asked NMC to file a tabulated chart explaining whether stipends have not been paid in 70% of the colleges. 

Based on the data, the petitioners' counsel pointed out that out of 443 colleges, only about 50% of the colleges were found to be paying stipends to interns, while the remaining were not. Dubey handed over a chart of the colleges that have not paid the stipends. She pointed out that in the State of Rajasthan only a few colleges are paying stipends to the FMGs, whereas Kerala is not paying it at all.

On this, Justice Kumar told the NMC counsel: "If your affidavit is contrary to what has been stated, we will summon your Director."

Adding to this, Mathur pointed out that the State of Rajasthan has been obtaining affidavits from interns which sought to create an estoppel against them from claiming stipend or approaching the Court in future. It was also submitted that although budgetary funds had been sanctioned for payment of stipend, the State had failed to release the same, citing constraints of budgetary allocation. She also pointed out that the issue was not limited to these petitioners but to all undergraduate medical interns across the country.

Counsel for the State of Rajasthan stated that the budgetary sanction is yet to take place. However, Justice Kumar questioned the stance and said: "You utilise the services of the doctors and you don't pay them? If you don't pay them within one week, your Secretary, Ministry of Health shall appear before the Court and we will frame charges against him for suo moto cognisance of contempt. Doctors, you make them work for 15-16 hours and they are so scared. The undergraduates, they will not open their mouths because they have to go for PG[post graduation] and they may come in same college or meet the same professor and they are scared the HoD may question them."

Responding to these submissions, counsels for the State of Rajasthan and Gujarat, respectively, submitted on record that they would release funds to all interns.

The Court ordered: "Learned counsel has placed on record the chart containing the list of 13 matters in which the petitioners have not been paid the stipends during the internship. Though the affidavit of NMC reflects all have been paid, the chart reflects the contrary to the said and hence, the counsel of NMC should ascertain and file a final affidavit. The learned counsel for the petitioner also submits that in State of Rajasthan, the amount being sanctioned has not been released on account of assigning the reason that there has been no budgetary sanction. Learned counsel for State of Rajasthan seeks two weeks. We make it clear that the order passed by this Court needs to be implemented in letter and spirit and in the event the said amount has been ordered to be paid is not paid, the Secretary, Ministry of Health and Welfare shall appear in person and show cause why contempt proceedings should not be initiated against him/her."

Apart from the issue of non-payment, AoR Dubey also raised the issue regarding the lack of parity in stipend between Indian medical graduates and FMGs. Charu also pointed out that in Jharkhand, if Indian medical graduates are getting Rs. 30,000, the foreign counterparts are getting Rs. 17,500.

"We will protest the interests of the entire undergraduate of this country. We will pass final orders. We will going to comprehensively pass an order. First, all undergraduates will get it. There can't be disparity between Indian medical graduates and foreign. Both are doctors; the only thing is he has studied abroad. If there is non-implementation, the Supreme Court can't interfere. We will entrust an authority, whether its a fee regulation commission or any, if a retired judge is to be appointed by State governments exclusively for this," Justice Kumar responded.

Dr Rajiv Joshi, a party in person impleader, also made brief arguments that the medical colleges should be regulated through the Medical Council headed by retired judge.

Case Title: Abhishek Yadav and others v. Army College of Medical Sciences | W.P.(C) No. 730/2022