Supreme Court: In a civil writ petition, regarding the payment of stipend to doctors undergoing their MBBS internships the Division Bench of Sudhanshu Dhulia and Prasanna Bhalachandra Varale, JJ. directed the National Medical Commission (‘NMC’) to furnish the details of the stipend paid to interns of the entire medical colleges in the States.
On 15-09-2023, it was submitted before the Court that the Army College of Medical Sciences engages hundred interns in one batch and none of them were paid any stipend. It was also submitted that almost 70 percent of the medical colleges in the country did not pay any stipend to the interns or pay an amount which is less than the stipend fixed.
The Court had directed the NMC to file a tabulated chart and explain:
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whether the statement, as to non-payment of stipend by almost 70 percent of medical colleges was correct; and
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the steps taken by the NMC to ensure compliance with the norms for payment of internship stipends.
The Court noted that the details given by the NMC in compliance of directions vide order dated 15-09-2023 were not complete and the details of the medical colleges in all the States were missing.
Therefore, the Court said that the directions were not complied with, hence, the NMC was directed to submit the details of the entire medical colleges in the States within the period of four weeks from the date of order i.e., 01-04-2024.
The National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 (‘Regulations’) were notified on 18-11-2021 in exercise of powers conferred by Section 57 read with Section 24(1) of the National Medical Commission Act, 2019. Clause 3 of Schedule IV of the Regulations provides for payment of stipend to all the interns, as fixed by the appropriate authority applicable to the institution/ University or State. It also provides that the stipend may not be paid during any period of extension except in the case of maternity leave or medical leave, as may be recommended and approved by the Medical Board. The total stipend paid for the entire internship may be for fifty-two weeks (Twelve months) only.
The matter was further listed for hearing on 06-05-2024.
[Abhishek Yadav v. Army College of Medical Sciences, 2024 SCC OnLine SC 505, Order dated- 01-04-2024]
Is stipend applicable for private MBBS college interns in AP. In AP no private college paying stipend for MBBS interns