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Rules State Cannot Block CRMI Seats for Foreign Medical Graduates Over Stipend
The has delivered a significant ruling in favor of Foreign Medical Graduates (FMGs), holding that the State cannot use the financial burden of stipend payments as a justification to withhold (CRMI) seats. A Division Bench comprising Justice Rajasekhar Mantha and Justice Anuj Singh made it clear that the internship can proceed even without immediate stipend, with the claim for payment to be settled later.
State's Stipend Argument Rejected
The Court was hearing an filed by three FMGs—Tanmay Layek and others—challenging a Single Judge's refusal of . The State had argued that allotting CRMI seats to FMGs required approval from the due to the financial outgo involved in paying monthly stipends. The authorities also claimed that the needed to consult the before filling vacant slots.
However, the Bench took a
view that the
(DME) and the
were "dragging their feet." The Court observed that the financial outgo for stipends corresponding to the available 1,067 seats
"must have been factored in and provided for in the State Budget."
FMGs Offer to Forgo Six Months Stipend
The appellants—who are all Foreign Medical Graduates—submitted that they needed to complete one year of CRMI within two years of obtaining their degrees, failing which their foreign qualifications would lapse, forcing them to redo the entire course. This would entail substantial additional expenditure on top of the heavy costs already incurred overseas.
In a bid to expedite the process, the FMGs offered to forgo six months of stipend. The also indicated that provisional registration for internships could be granted upon approval from the DME and the Council.
Court Cites Supreme Court Precedent
The Court took note of an order passed by the on in . In that case, the Apex Court had allowed a claim for stipend by FMGs from Jharkhand who had completed their internship without any payment. Relying on this, the Division Bench held:
"It, therefore, follows that the internship can be done even without stipend and/or upon receipt of a part or portion thereof, the claim for stipend can always be maintained at a subsequent date."
The Bench categorically concluded:
"The State, therefore, cannot use the issue of financial outgo towards stipend payable, as a road block for allotting internship to the writ petitioners/appellants."
Orders and Next Steps
Expressing urgency, the Court directed the and the Principal Secretary, , to submit a report or provide written instructions to the State's counsel regarding their stand on allotting the seats. The matter has been listed for further hearing on , as the first item.
The ruling opens a path for FMGs to secure internship placements without being held hostage by budgetary constraints, ensuring they can meet the two-year deadline for degree recognition and also remain eligible for NEET-PG admissions for the 2027-28 academic year.
