D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Abhishek Yadav – Appellant
Versus
Army College Of Medical Sciences – Respondent
| Table of Content |
|---|
| 1. stipend payment regulations for medical interns (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding stipend payment compliance and current practices (Para 5 , 9 , 10) |
| 3. observations on compliance and welfare measures (Para 6 , 8) |
| 4. order for stipend payment to interns (Para 7) |
| 5. scheduling of follow-up hearing (Para 11) |
ORDER :
1. The National Medical Commission (Compulsory Rotating Medical Internship) Regulations 2021 have been notified on 18 November 2021 in exercise of powers conferred by Section 57 read with Section 24 (1) of the National Medical Commission Act 2019.
2. Clause 3 of Schedule IV of the Regulations provides as follows:
(b) Stipend may not be paid during any period of extension except in the case of maternity leave or medical leave, as may be recommended and approved by the Medical Board. Total stipend paid for the entire internship may be for fifty-two weeks (Twelve months) only.”
3. The Army College of Medical Sciences is conducted by the Army Welfare Education Society, a society registered under the Societies’ Registr
Educational institutions must comply with regulatory obligations to pay stipends to interns, with the court emphasizing adherence to regulations despite operational constraints.
The court established that the National Medical Commission has exclusive authority over internship regulations, prohibiting any fee imposition by the State, thus ensuring equitable treatment for fore....
Point of law: Medical college - Question of payment of stipend - respondent Medical Colleges are bound to pay the stipend to the P.G. students as per the MCI Regulations
Petitioners are entitled to stipends for Compulsory Rotating Mandatory Internships after completing their B.D.S. Course, based on precedents.
The court mandates the state to pay stipends to medical interns when their original institution fails to comply with educational standards, ensuring similar treatment to all interns.
State has an obligation to pay stipends for internships even when students transfer due to non-compliance of educational institutions.
The main legal point established in the judgment is the entitlement of DNB trainees to payment of stipend on par with Junior Resident Doctors, as interpreted from the Circular dated 02.04.2019 issued....
The main legal point established in the judgment is the applicability of NMC (CRMI) Regulations of 2021 on Foreign Medical Graduates, emphasizing the requirement for completing internship in approved....
Provision only deals with power of the "NMC" qua 50% of seats in Private Medical Institutions; but the "OM" in question proffers twenty five directives to be adopted and followed by the competent Aut....
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