In a case that puts the spotlight on the intersection of medical education policy and constitutional fairness, the Supreme Court of India has issued notice to several public health authorities over the alleged non-payment of stipends to Foreign Medical Graduates (FMGs) interning in Indian medical institutions.
The petition arises from Mahaveer Institute of Medical Sciences in Bhopal, where FMGs claim they are being subjected to unequal treatment despite performing the same internship duties as their Indian Medical Graduate (IMG) counterparts. The Supreme Court bench of Justices Sudhanshu Dhulia and K Vinod Chandran has now asked the National Medical Commission (NMC), the State of Madhya Pradesh, the concerned college, and the Directorate of Medical Education and Health Services to respond.
📌 The Core Legal Issue: Equal Pay for Equal Work?
The petitioner, represented by Advocate Tanvi Dubey, argued that the denial of stipends to FMGs violates basic principles of equality and fairness. These foreign-educated graduates, having cleared the Foreign Medical Graduate Examination (FMGE), are legally required to complete a one-year internship in India to be licensed.
Yet, unlike their IMG peers, many FMGs are completing internships without pay, despite putting in the same hours, rotations, and responsibilities. This discrepancy is alleged to be arbitrary, discriminatory, and in violation of the National Medical Commission’s own regulations.
🧾 NMC Regulations Support the Petitioners
Clause 3 (Schedule IV) of the NMC (Compulsory Rotating Medical Internship) Regulations, 2021 mandates that:
(a) All interns shall be paid a stipend as fixed by the appropriate authority applicable to the institution/University or State.
The regulation makes no distinction between FMGs and IMGs. Moreover, circulars issued by the NMC on March 4, 2022, and May 19, 2022, explicitly direct that FMGs must be paid stipends on par with Indian medical graduates.
The petitioner emphasized that despite these clear directives, several institutions have not complied, pushing FMGs into financial hardship. In most cases, these students are not residents of the cities where their colleges are located, thus incurring extra costs for accommodation, food, transportation, and daily expenses.
📉 The Economic Strain on FMGs
The plea underscores the unaffordable burden many FMGs are shouldering. On average, they spend ₹17,500 per month to survive through their internship year—expenses typically offset by stipends for IMGs. In absence of any government or institutional support, FMGs are caught in a “Catch-22”: complete the unpaid internship or forfeit their right to practice in India.
🧑⚖️ Supreme Court’s Intervention
Recognizing the seriousness of the issue, the Supreme Court has sought a formal explanation from:
- The National Medical Commission
- State of Madhya Pradesh
- Mahaveer Institute of Medical Sciences
- Directorate of Medical Education and Health Services
The petition calls for immediate action to ensure stipend parity for FMGs and regular disbursement going forward. The case is poised to set a precedent for how India treats its returning foreign-trained medical professionals, especially at a time when the country continues to face healthcare manpower shortages.
⚖️ Legal & Policy Implications:
This case raises several important constitutional and legal questions:
- Article 14 – Right to Equality: Can the State allow unequal treatment between two groups of interns based solely on their place of graduation?
- Administrative Accountability: Is non-compliance with central regulations by medical institutions legally defensible?
- Professional Exploitation: Does unpaid mandatory work amount to a violation of labor rights, especially under the veil of “internship” in regulated professions?
The resolution of this case will not only influence future medical policy, but could also reshape judicial attitudes toward fairness in professional training.
🧠 For Legal Professionals & Students: Key Takeaways
- FMGs are legally required to intern in India before they can register to practice.
- The NMC’s regulations mandate stipend parity with Indian medical graduates.
- This case has potential ramifications for medical law, educational equity, and constitutional protections.
In an era of global education and increasing professional migration, this legal challenge could reshape how Indian institutions balance regulatory compliance with equitable treatment.
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