Supreme Court Issues Notice On Plea Seeking Stipend For Foreign Medical Graduates In Gujarat
The Supreme Court today(November 28) issued notice in a writ petition filed by the All Indian Parents Association Belarus Medical Students raising the issue of non-payment of stipend to foreign medical graduates in the State of Gujarat. The petition raises the issue of disparity in payment of stipend to Indian Medical Graduates and Foreign Medical Graduates. It is stated that despite...
The Supreme Court today(November 28) issued notice in a writ petition filed by the All Indian Parents Association Belarus Medical Students raising the issue of non-payment of stipend to foreign medical graduates in the State of Gujarat.
The petition raises the issue of disparity in payment of stipend to Indian Medical Graduates and Foreign Medical Graduates. It is stated that despite many circulars from the National Medical Commission(NMC), the stipend is not paid to the Foreign Medical Graduates. It also focuses on the fact that the provision of a stipend is governed under Clause 3 (Schedule IV) of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021.
Clause 3, Schedule IV of the Regulation reads: "3. Stipend a) All interns shall be paid stipend as fixed by the appropriate authority applicable to the instituiion/ University or State. (b) Stipend may not be paid during any period of extension except in the case of maternity or paternity leave or medical leave, as may be recommended and approved by the Medical Board. Total stipend paid for the entire internship may be for fifty-two weeks (Twelve months) only."
After considering the submission, the bench comprising Justice Aravind Kumar and Justice PB Varale issued notice and tagged the matter with a batch of matters concerning non-payment of stipend to Foreign Medical Graduates.
Itmay be noted that the bench comprising Justice Kumar has also been hearing a batch of petitions in which medical students, including foreign medical students, have raised the issue that they have not been paid the stipends for internships.
A bench headed by former Chief Justice of India DY Chandrachud, in September 2023, directed the NMC to file a tabulated chart and explain (i) whether the statement regarding lack of stipend for medical interns is true and (ii) what steps the NMC were taking to ensure compliance with the norm of paying internship stipend. However, on April 1, 2024, it observed that the NMC had yet to give these details and once again asked for the details.
On October 28, Justice Kumar's bench strongly criticised the NMC for failing to comply with its own directive issued in July requiring all medical colleges and institutions to mandatorily disclose stipend details within seven days. It directed compliance within 2 weeks.
Case Details:ALL INDIA PARENTS ASSOCIATION BELARUS MEDICAL STUDENTS Vs NATIONAL MEDICAL COMMISSION|D No. 55061/2025
The Petitioners were represented through Ms.Tanvi Dubey Advocate.