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Supreme Court Orders Stipend Parity for FMGs
In a significant judgment that brings relief to Foreign Medical Graduates across India, the Supreme Court has directed the Jharkhand government and Rajendra Institute of Medical Sciences, Ranchi, to pay pending stipend arrears to FMG interns who were denied equal financial benefits during their compulsory internship. The ruling strongly reinforces the principle that equal work must receive equal pay and that senior interns cannot be treated worse than juniors.
This decision is being seen as a major step toward correcting long standing discrimination faced by foreign trained Indian doctors during their mandatory internship period.
Background of the Case
The matter reached the Supreme Court after several Foreign Medical Graduates filed a petition seeking payment of stipend at par with Indian Medical Graduates and with their junior FMGs who had already received stipend benefits through earlier court intervention. These FMGs are Indian citizens who completed their medical education from countries such as Kazakhstan, Russia, China and the Philippines. After returning to India and clearing the required screening process, they underwent compulsory internship at Rajendra Institute of Medical Sciences, Jharkhand, between June 2023 and June 2024.
In fact, the controversy began after Foreign Medical Graduate interns at Aligarh Muslim University received stipend benefits following a Supreme Court order in July 2025. Those FMG interns were paid stipend during their internship after the court clarified that they were entitled to it and that regulatory bodies should not take action against colleges for releasing the payment. However, FMG seniors who had completed their internship earlier at Rajendra Institute of Medical Sciences, Ranchi were left out of this benefit. This created an unusual situation where juniors at AMU received stipend while seniors at RIMS Ranchi were denied similar payment despite performing the same internship duties, ultimately forcing them to approach the Supreme Court for relief.
Supreme Court: Seniors Cannot Be Treated Worse Than Juniors
The Supreme Court examined the issue and applied the same reasoning used in its earlier order granting stipend to junior FMGs. The bench observed that the petitioners in the present case had completed their internship even before those who benefited from the July 2025 order. Therefore, they stand on the same legal footing.
The court clearly stated that seniors cannot be treated worse than juniors. If stipend parity has already been granted to junior interns, there is no legal justification to deny or reduce stipend for seniors who performed the same work earlier. Such differential treatment was described as impermissible and discriminatory.
The bench noted that once the right of FMGs to receive stipend during internship has been acknowledged, it cannot be selectively applied to only one batch. Equal work under the same institution and system must receive equal compensation.
During the hearing, authorities expressed concern that stipend payments could not be released without explicit permission from the University Grants Commission. Institutions feared that if stipends were paid without approval, regulatory action might be taken against them.
The Supreme Court rejected this hesitation. It clarified that this concern had already been addressed in earlier proceedings. The court reiterated that if stipend is paid in compliance with its direction, no adverse action should be taken by the UGC or any regulatory body against the institution. This assurance was meant to remove administrative confusion and ensure that FMGs receive their rightful dues without delay.
Final Direction and Timeline
After hearing all parties, the Supreme Court disposed of the petition with a clear and time bound direction. It ordered that the respondent authorities must pay the difference in stipend to the affected FMGs expeditiously and in any case within three weeks from the date of the order.
This time bound directive ensures that the issue does not remain stuck in bureaucratic delay and that the affected doctors receive their dues promptly.
Why This Judgment Matters
The judgment has wider implications beyond just one institution or one batch of FMGs. Across India, thousands of Foreign Medical Graduates undergo mandatory internship every year. Many of them have repeatedly reported that they are either not paid stipends or are paid less than Indian Medical Graduates despite performing the same duties.
The lack of uniform policy across states and institutions has resulted in repeated legal battles and uncertainty. This ruling sends a strong message that such discrimination cannot continue. Once FMGs are doing the same work as Indian graduates, they are entitled to the same stipend and treatment.
The court’s clear statement that seniors cannot be treated worse than juniors also closes a major loophole that institutions often used to justify unequal payment.
Impact on FMGs Across India
The ruling is expected to benefit hundreds of foreign trained Indian doctors who completed their internship before the July 2025 judgment but were denied stipend parity. Many FMGs across different states may now rely on this judgment to demand equal payment and fair treatment.
For years, FMGs have faced not only academic and licensing challenges but also financial and institutional discrimination during internship. The Supreme Court’s intervention provides much needed clarity and legal backing for their rights.
Need for a Uniform National Policy
While the judgment brings relief in this particular case, it also highlights a deeper structural problem. India still lacks a uniform national policy on stipend payment for FMG interns. Payment rules differ across states and institutions, leading to confusion and repeated litigation.
A clear and uniform guideline from central regulatory authorities is urgently needed to ensure that all interns, whether Indian Medical Graduates or Foreign Medical Graduates, are treated equally. Until such a policy is implemented, courts will continue to be approached for basic rights like stipend parity.
Conclusion
The Supreme Court’s order directing payment of stipend to FMGs at Rajendra Institute of Medical Sciences, Ranchi, is a landmark step toward fairness in medical training. By affirming that seniors cannot be treated worse than juniors and that equal work must receive equal pay, the court has set a strong precedent for institutions across the country.
For Foreign Medical Graduates who return to India to serve in its healthcare system, this judgment is not just about money. It is about dignity, equality and recognition of their work.
