New Delhi, Nov 28 The Supreme Court on Friday issued notice on a writ petition alleging that Foreign Medical Graduates (FMGs) in Gujarat are being denied the mandatory stipend during their Compulsory Rotating Medical Internship (CRMI) as required under the National Medical Commission (NMC) Regulations, 2021.
A Bench of Justices Aravind Kumar and Prasanna B. Varale sought responses from the National Medical Commission, the Gujarat Medical Council, the Gujarat Medical Education and Research Society (GMERS), and the State of Gujarat.
The Justice Kumar-led Bench directed that the petition be tagged with a pending batch of similar matters concerning non-payment of stipend to FMGs across various States.
The petition, filed by the All India Parents Association, Belarus Medical Students through advocate Tanvi Dubey, claimed that Clause 3 of Schedule IV of the NMC (Compulsory Rotating Medical Internship) Regulations, 2021, mandates the payment of a stipend to all interns, including FMGs, as fixed by the competent authority in each State.
Despite this, the plea stated, FMGs interning in government and GMERS-affiliated medical colleges in Gujarat have been receiving no stipend at all. The petition referred to multiple NMC circulars mandating that FMGs be paid a stipend on par with IMGs (Indian Medical Graduates).
It further noted that West Bengal, Bihar, Uttar Pradesh, and several other States have already implemented stipend parity in compliance with these directions. According to the petition, FMGs in Gujarat are required to sign undertakings declaring that they will not claim a stipend under the threat of being denied admission to the internship.
“Threatening them (FMGs) with deprivation of internship admission in case of refusal, which is coercive, arbitrary, and violative of fundamental rights guaranteed under the Constitution,” the plea stated. It also relied on a series of Supreme Court decisions affirming that FMGs are entitled to the same stipend as IMGs during their CRMI and issued notices or directions to that effect.
The petitioners have sought directions to ensure immediate monthly stipend to all FMGs interning in Gujarat’s state and GMERS institutions, with retrospective effect and interest on arrears. They have also prayed for a uniform stipend determination mechanism consistent with the NMC Regulations and practices followed in other States.
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