SC Refers AYUSH vs MBBS Doctors' Service Conditions to Larger Bench

Strategic Insights -

The two-judge bench of CJI B R Gavai and Justice K Vinod Chandran has referred the matter of seeking parity in pay scales, service conditions, and retirement age between practitioners of Ayurveda, Yoga & Naturopathy, Unani, Siddha, and Homeopathy (AYUSH) and MBBS doctors to a larger bench for an authoritative decision. This development came in response to a petition filed by the Rajasthan government, which argued that different retirement ages for AYUSH and MBBS doctors were introduced to serve the public good and address the shortage of allopathy doctors. The Supreme Court observed that MBBS doctors deal with critical care, lifesaving measures, invasive procedures, including surgeries, and postmortem examinations, which are not performed by practitioners of indigenous systems of medicine.

Key Takeaways:

  • The two-judge bench has referred the matter of seeking parity in pay scales, service conditions, and retirement age between AYUSH and MBBS doctors to a larger bench.
  • The bench observed that MBBS doctors deal with critical care, lifesaving measures, invasive procedures, including surgeries, and postmortem examinations, which are not performed by AYUSH doctors.
  • The Rajasthan government argued that different retirement ages for AYUSH and MBBS doctors were introduced to serve the public good and address the shortage of allopathy doctors.
  • The Supreme Court pointed out that MBBS doctors handle casualty, critical care, trauma management, and emergency interventional procedures, justifying different service conditions.
  • The bench emphasized the need for an authoritative pronouncement on the issue, noting that the claim for parity must be evaluated considering qualifications, treatment practices, and nature of duties performed by traditional medicine practitioners.

Statistics:

  • There is no specific numerical data mentioned in the article.

Sources:

  • SG Tushar Mehta (Advocate for Rajasthan government)