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2023 Supreme(SC) 1856

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Abhishek Yadav – Appellant
Versus
Army College Of Medical Sciences – Respondent


Advocates Appeared:
For the Petitioner: Ms. Charu Mathur, AOR, Mr. Vaibhav Gaggar, Adv., Ms. Kokila Kumar, Adv., Mr. Somdev Tiwari, Adv., Ms. Shefali Munde, Adv., Mr. Pulkit Agarwal, AOR, Mr. Aashutosh Kumar, Adv.
For the Respondent: Mr. R. Balasubramanian, Sr. Adv., Mr. Santosh Kumar Pandey, AOR, Mr. Harsh Kaushik, AOR, Mr. Gaurav Sharma, AOR, Mr. Dhawal Mohan, Adv., Mr. Prateek Bhatia, Adv., Mr. Paranjay Tripathi, Adv.

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:

    “3. Stipend (a) All interns shall be paid stipend as fixed by the appropriate authority applicable to the institution/ University or State.

    (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

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