Has the Supreme Court Notified Gujarat on Stipend Denial to Foreign Medical Graduates?
Synopsis
Key Takeaways
- The Supreme Court has recognized the stipend issue faced by FMGs in Gujarat.
- Stipends are mandated by the NMC Regulations for all interns.
- Other states have complied with stipend parity, highlighting disparities.
- Coercive practices against FMGs violate their rights and must be addressed.
- The case could set a precedent for stipend distribution across India.
New Delhi, Nov 28 (NationPress) The Supreme Court on Friday issued a notice following a writ petition claiming that Foreign Medical Graduates (FMGs) in Gujarat are not receiving the essential stipend during their Compulsory Rotating Medical Internship (CRMI) as mandated under the National Medical Commission (NMC) Regulations, 2021.
A panel consisting of Justices Aravind Kumar and Prasanna B. Varale has requested 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 panel has instructed that the petition be associated with an ongoing series of similar cases related to stipend non-payment to FMGs in various states.
This petition, initiated by the All India Parents Association and Belarus Medical Students through advocate Tanvi Dubey, asserts that Clause 3 of Schedule IV of the NMC (Compulsory Rotating Medical Internship) Regulations, 2021, necessitates stipend payments to all interns, including FMGs, as determined by the competent authority in each state.
Despite these regulations, the complaint indicates that FMGs interning at government and GMERS-affiliated medical institutions in Gujarat have not received any stipend. The petition references multiple NMC circulars stipulating that FMGs should receive stipends equivalent to those of Indian Medical Graduates (IMGs).
It also highlights that states like West Bengal, Bihar, Uttar Pradesh, and others have already established stipend parity in line with these directives. The petition claims that FMGs in Gujarat are coerced into signing agreements stating they will not seek stipends, with threats of being denied internship admission.
“Coercing them (FMGs) with the threat of losing internship admission for refusal is arbitrary, coercive, and violates the fundamental rights enshrined in the Constitution,” the petition asserts. It also cites several Supreme Court rulings affirming that FMGs are entitled to the same stipend as IMGs during their CRMI, and has requested notices or instructions to that effect.
The petitioners are urging for immediate monthly stipends for all FMGs interning in Gujarat's state and GMERS institutions, with retrospective benefits and interest on back payments. They are also asking for a standardized stipend determination process in accordance with NMC Regulations and practices in other states.