Apex Court seeks clarification on unpaid stipends to foreign medical graduates in five states and says comprehensive directions will be issued to ensure parity
The Supreme Court has sought clarification from the National Medical Commission (NMC) regarding allegations of non-payment of stipends to foreign medical graduates (FMGs) undertaking internships in Rajasthan, Andhra Pradesh, Kerala, Gujarat and Jharkhand.
During the hearing on September 17, 2026, a bench comprising Justices Aravind Kumar and M. Pancholi indicated that it would issue comprehensive directions on stipend payments to undergraduate medical interns, including both Indian medical graduates and foreign medical graduates.
The Court observed that there should not be a disparity in stipend payments between Indian and foreign medical graduates performing internship duties. It also indicated that it would examine whether state governments should appoint retired judges or another designated authority to address complaints relating to non-payment of stipends.
Supreme Court Questions NMC’s Stipend Data
The issue came up in a batch of 13 petitions concerning alleged non-payment of stipends to medical interns.
Counsel appearing for the petitioners submitted a chart indicating that several FMGs had not received stipends. It was submitted that only a few colleges in Rajasthan were paying stipends to FMGs, while no stipend was reportedly being paid to FMGs in Kerala.
NMC’s counsel, however, submitted that stipends were being paid to students in recognised medical colleges and that only seven colleges had not been paying stipends. According to the submission, those colleges began making payments after action was taken by the Commission.
The petitioners’ counsel disputed the NMC’s position and referred to data suggesting that stipend payments remained pending in a substantial number of colleges.
The Court directed the NMC to ascertain the position and file a final affidavit. Justice Aravind Kumar also indicated that the Commission’s Director could be summoned if the affidavit was found to be inconsistent with the material placed before the Court.
Rajasthan Directed to Release Stipends
The Court also considered the position in Rajasthan, where the petitioners submitted that sanctioned amounts had not been released because of issues relating to budgetary sanction.
Counsel for Rajasthan sought two weeks to address the issue. The Court made it clear that its directions must be implemented and warned that failure to release amounts ordered to be paid could result in the Secretary, Ministry of Health and Family Welfare, being required to appear and explain why contempt proceedings should not be initiated.
Counsel appearing for Rajasthan and Gujarat also stated during the proceedings that funds would be released to interns.
Court Raises Issue of Parity Between Indian Graduates and FMGs
The petitioners also raised a separate issue concerning differences in stipend amounts paid to Indian medical graduates and FMGs.
The Court was informed that in Jharkhand, Indian medical graduates were receiving ₹30,000, while FMGs were reportedly receiving ₹17,500.
The bench observed that both groups are doctors undertaking internship duties and indicated that there should be parity in stipend payments between Indian and foreign medical graduates.
The Court indicated that it would address the issue comprehensively in its final directions rather than limiting the matter to the individual petitioners.
Background of Medical Internship Stipend Dispute
The Supreme Court has been examining the issue of stipend payments to medical interns for several years.
Earlier proceedings involved allegations that interns in a large proportion of medical colleges were not receiving stipends. Following the Court’s directions, the NMC had required medical colleges to submit details of stipend payments made to undergraduate interns, postgraduate residents and senior residents for the 2023–24 financial year.
The Commission subsequently issued show-cause notices to 198 institutes for failing to comply with directions to upload stipend-related information.
In subsequent proceedings, the NMC submitted data claiming that the issue of non-payment existed in only seven out of 756 medical colleges. The petitioners, however, placed alternative analysis of the available data before the Court and disputed the extent of compliance.
Supreme Court to Consider Comprehensive Directions
The Court indicated that its forthcoming directions may cover all undergraduate medical interns, irrespective of whether they completed their medical education in India or abroad.
The bench also indicated that an institutional mechanism could be considered for addressing disputes relating to stipend payments, including the possibility of an authority involving retired judges.
The matter remains pending, with the NMC required to verify the disputed stipend-payment data and place a final position before the Court.
Important Highlights
- The Supreme Court has sought an updated response from the NMC on alleged non-payment of stipends to FMGs in Rajasthan, Andhra Pradesh, Kerala, Gujarat and Jharkhand.
- The Court indicated that Indian medical graduates and foreign medical graduates should not face disparity in stipend payments during internships.
- NMC’s claim that only seven medical colleges had pending stipend payments was disputed by petitioners through additional data.
- The Court directed the NMC to verify the conflicting information and file a final affidavit.
- Rajasthan was given time to address the release of pending stipend amounts, with the Court warning of possible contempt proceedings in case of non-compliance.
- The Supreme Court indicated that it may issue comprehensive directions covering undergraduate medical interns across the country.
