The Supreme Court of India has recently upheld the entitlement of foreign medical graduates (FMGs) undergoing mandatory rotating internships in Indian medical institutions to receive stipends on par with Indian medical graduates (IMGs). This landmark decision came in the case of Abhishek Yadav & Ors. v. Army College of Medical Sciences & Ors., where the court highlighted the necessity for equitable treatment of all medical interns, regardless of their origin.
A bench consisting of Justices Aravind Kumar and Vipul M Pancholi issued a two-week ultimatum to various state governments to ensure the disbursement of all pending stipend amounts to FMGs. The court sternly cautioned that non-compliance would result in summoning the health secretaries of the respective states.
This decision stems from a series of petitions that pointed out the prevalent non-payment and discriminatory practices in stipend distribution to FMG interns at government medical colleges and hospitals across the nation. Advocate Charu Mathur, representing the petitioners, presented the court with a comprehensive analysis of data derived from affidavits submitted by the National Medical Commission (NMC).
According to the analysis, the NMC provided data for only 443 out of 823 medical colleges in India. Alarmingly, nearly half of these institutions were found to be withholding stipends from FMG interns. The court was informed that in several states, including Rajasthan, government medical colleges were paying a monthly stipend of ₹21,700 to IMGs while denying the same to FMGs, who share identical roles and responsibilities. Petitioners alleged that in some instances, FMG interns were coerced into signing waivers forfeiting their right to claim stipends.
The court expressed its disapproval of such discriminatory practices, asserting that all medical interns, irrespective of their nationality, deserve fair treatment. During the proceedings, representatives for the State of Gujarat assured the court that a notification would be issued to facilitate the release of funds for all interns. Similarly, the counsel for the State of Rajasthan committed to settling all outstanding stipends within the stipulated two-week period.
This ruling marks a significant step towards ensuring pay parity and equal treatment for FMGs in India, reinforcing the principles of fairness and non-discrimination in the medical field.
