No Discrimination: SC Says Foreign Medical Graduates Must Get Same Internship Stipend

In a significant decision, the Supreme Court of India has ruled that Indian citizens who earned their medical degrees from foreign universities must be paid the same stipend as Indian medical graduates during their internship in India.

The Court made it clear that medical colleges cannot pay lower stipends to foreign medical graduates (FMGs) simply because they studied abroad.

What Was the Case About?

The case, Shashank Shekhar Pandey & Ors. vs. State of Jharkhand & Ors., was heard by a Bench of Justice Aravind Kumar and Justice PB Varale.

The petitioners were Indian students who completed their MBBS degrees in countries such as Kazakhstan, Russia, China and the Philippines. After returning to India, they completed their mandatory internship, which is required to practise medicine.

However, unlike other batches of students who later received stipends after court intervention, these petitioners were either paid less or not paid at all.

Background of the Dispute

In July 2025, another group of foreign medical graduates had approached the Supreme Court seeking payment of stipend during internship. At that time, the Court had directed medical colleges to pay them within two weeks.

The Court had also clarified that colleges would not face any action from the University Grants Commission (UGC) for making such payments, even if prior approval was not taken.

Despite this clarification, some colleges delayed payments in the present case, stating that they feared objections from the UGC.

What Did the Court Say Now?

The Bench observed that the present petitioners were in the same position as the earlier batch who had already been granted relief. Therefore, treating them differently would amount to discrimination.

The Court stressed that:

• Indian citizens cannot be discriminated against because they obtained their medical degrees abroad.
• Once the Supreme Court directs payment, regulatory bodies like the UGC cannot penalise colleges for following the order.
• Students who completed internships earlier cannot be treated differently from those who completed them later and received stipends.

Importantly, the judges noted that the colleges were not seriously disputing the students’ right to receive stipends. Their main concern was regulatory compliance.

To remove any doubt, the Court again clarified that no adverse action should be taken by the UGC against colleges for paying stipends under judicial directions.

Final Direction

The Supreme Court directed the concerned medical colleges to pay the balance stipend to the petitioners within three months.

The petitioners were represented by advocate Charu Mathur, while the respondents were represented by Additional Solicitor General Aishwarya Bhati and others.

This judgment strengthens the principle of equality and ensures fair treatment for Indian medical graduates, regardless of where they completed their education.