The Calcutta High Court has held that the State cannot use the financial liability towards payment of internship stipends as a "road block" to allotting compulsory internship seats to Foreign Medical Graduates (FMGs), observing that the internship can be undertaken even without immediate payment of stipend and that the interns can subsequently pursue their claim for the amount.

A Division Bench of Justice Rajasekhar Mantha and Justice Anuj Singh observed that the internship could be completed "even without stipend" or upon receipt of only a part of the stipend, with the claim for the remaining amount being maintained subsequently.

"It, therefore, follows that the internship can be done even without stipend and/or upon receipt of a part or portion thereof, the claim for stipend can always be maintained at a subsequent date," the Bench observed.

"The State, therefore, cannot use the issue of financial outgo towards stipend payable, as a road block for allotting internship to the writ petitioners/appellants," it added.

The observations came while hearing an intra-court appeal filed by three Foreign Medical Graduates challenging the refusal of interim relief by a Single Judge in a writ petition concerning allotment of Compulsory Rotating Medical Internship (CRMI) seats.

The Court noted that 1,067 CRMI seats were available to FMGs in West Bengal for the academic year 2026-27, but the State had filled only 266 seats.

The appellants submitted that FMGs are required to complete one year of CRMI in India under the directions of the National Medical Commission for their foreign medical degrees to be recognised in India.

They argued that failure to complete the internship within the prescribed period could result in their foreign medical degrees lapsing, requiring them to obtain the degree afresh and incur substantial additional expenditure.

They also submitted that failure to secure internship opportunities would prevent them from participating in the NEET-PG admission process for the 2027-28 academic year.

The State submitted that the State Medical Council was required to consult the Directorate of Medical Education before allotting vacant internship slots to FMGs.

It was further argued that permission from the Ministry of Finance was required because the State would have to bear the expenditure towards monthly stipends payable to the interns.

The appellants, however, stated that they were willing to forgo six months of stipend in order to secure the internship opportunity.

The West Bengal Medical Council submitted that provisional registration for the internships could be granted upon approval from the Directorate of Medical Education and the State Medical Council.

The Bench took a prima facie view that the authorities were unnecessarily delaying the process.

"In the light of the above, this Court is of the prima facie view that the DME and the State Medical Council are dragging their feet," the Court observed.

The Bench noted that the financial outgo towards stipends for the available seats ought to have been factored into the State Budget.

The Court also considered an order passed by the Supreme Court on February 4, 2026 concerning FMGs from Jharkhand, where the claim for stipend was permitted even after the interns had completed their internship without receiving payment.

In view of this, the High Court held that the issue of stipend could not be allowed to obstruct allotment of internship seats.

The Bench directed the Directorate of Medical Education and the Principal Secretary, Ministry of Finance, to submit a report or provide written instructions to the State's counsel regarding their stand on allotting internship seats to the appellants.

Considering the urgency expressed by the FMGs, the Court directed that the matter be listed on September 1, 2026 as the first item for further consideration.

The appeal was filed by three FMGs seeking internship opportunities in the State amid the availability of a large number of unfilled CRMI seats.

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