KOCHI: The Kerala High Court has held that doctors who completed their medical studies abroad and are serving their compulsory internships in India are entitled to the same stipend as their domestically trained counterparts and cannot be charged fees for internship certificates.
Order directs immediate relief and payment of arrears
Justice Bechu Kurian Thomas passed the order in a petition filed by S. Murugan, a native of Keezhatingal in Thiruvananthapuram, who studied medicine in Russia and completed his internship at the Thiruvananthapuram General Hospital. The petition contended that the hospital superintendent had demanded a fee for issuing the internship certificate and had also denied payment of any stipend during the internship period.
The court noted that charging fees for internships is impermissible under the National Medical Commission (NMC) circular dated 19 May 2022. It further held that the government is obliged to provide stipend payments for the period of the Compulsory Rotatory Medical Internship (CRMI) for foreign medical graduates.
The bench ordered that the internship certificate be issued to the petitioner immediately without any fee. It also directed that the stipend amount, including arrears, be disbursed within three months of receipt of the application for payment.
Implications for FMG trainees and hospitals
The judgment clarifies two contested points affecting FMGs completing the CRMI in Kerala:
- No fee for internship certification: Hospitals and medical institutions cannot demand payment to process or issue internship completion certificates.
- Stipend parity: FMGs undertaking the CRMI are entitled to receive stipends comparable to those provided to Indian medical graduates, and any withheld payments must be paid with arrears.
Legal practitioners said the order reaffirms the primacy of the NMC circular in governing internship conditions. For many FMGs, the internship certificate is necessary to obtain provisional registration and to pursue postgraduate admissions or employment; any delay or fee charge can cause administrative and financial hardship.
Procedural directions and timeline
To ensure compliance, the court laid down a clear timeframe for stipend disbursal. The three-month window for payment of arrears aims to expedite redressal and reduce uncertainty for affected graduates. The order also implicitly places responsibility on hospital administrations to follow central regulatory guidance when processing FMG matters.
| Item | Detail |
|---|---|
| NMC circular | 19 May 2022 |
| Court | Kerala High Court (Justice Bechu Kurian Thomas) |
| Petitioner | S. Murugan (native of Keezhatingal; studied in Russia) |
| Relief ordered | Issue certificate without fee; pay stipend and arrears within three months |
Background and wider context
Thousands of Indian students pursue medical education overseas and return to complete a CRMI in India to obtain provisional registration from the Medical Council/State medical authorities. The NMC circular of 19 May 2022 set out norms intended to harmonise treatment of foreign medical graduates with Indian graduates regarding internship conditions. Disputes have nevertheless arisen at the institutional level over fees, certification procedures and stipend entitlement.
The High Court's direction will be closely watched by FMG cohorts and teaching hospitals across Kerala. Administrators will need to ensure internal processes align with the NMC circular to avoid future litigation and to protect the rights of interns.
What FMGs should do now
- FMGs facing demands for fees or denial of stipend may seek redress by applying to the hospital administration citing the NMC circular and this High Court order.
- If payment is withheld, affected graduates should prepare to submit an application for stipend arrears to trigger the three-month payment timeline ordered by the court.
- Graduates awaiting certificates can press for immediate issuance, noting the court's explicit prohibition on charging fees for certification.
The judgment underscores the duty of educational institutions and health authorities to follow national regulatory guidance and to accord FMGs the same entitlements as other interns. It provides immediate relief to the petitioner and a precedent that may ease similar disputes across the state.
Thomas Varghese is the Kerala correspondent reporting from Kochi.
