The Supreme Court has directed Aligarh Muslim University (AMU) to release pending stipends within two weeks to a group of Foreign Medical Graduates (FMGs) undergoing compulsory internship at its J.N. Medical College, a constituent college of AMU.
The petition, filed under Article 32 raised the grievance that while Indian Medical Graduates (IMGs) at AMU receive a stipend of ₹26,300 per month, FMGs were being paid nothing, despite performing the same duties during their internship mandated under NMC regulations.
The bench comprising Justice Sudhanshu Dhulia and Justice Arvind Kumar noted that the denial of stipend to FMGs was arbitrary and discriminatory, especially given that other Central Universities like BHU pay the stipend uniformly. Despite funds being available under the salary head (OH-36) from UGC grants, AMU had failed to disburse payments, claiming lack of administrative orders.
Referring to regulatory mandates under the National Medical Commission (CRMI and FMGL) Regulations, the Court upheld that all interns Indian or foreign must be paid a regular stipend, and that denial of the same constitutes a violation of Articles 14 and 21 of the Constitution.
The Court accordingly directed AMU to process and release the stipend dues within two weeks, providing long-awaited relief to the Petitioners.
Petitioners were represented by Dr Charu Mathur. This is a first of kind order, where the Supreme Court has directed payment of stipend to the FMGs. As AMU is in dialogue with UGC for additional funds for future FMGs, the order is confined to present petitioners only.