Supreme Court Refers to Larger Bench on Equating Allopathy and AYUSH Doctors' Service Conditions

The Supreme Court has referred to a larger bench the question of whether doctors practicing indigenous systems of medicine like Ayurveda, Unani, and Siddha can be equated with allopathic doctors for the grant of similar service conditions like retirement age and pay scales in government organizations. The court noted that allopathic doctors offer critical, life-saving services, citing an earlier judgment that classification of service conditions based on educational qualifications cannot be considered as unconstitutional or discriminatory.

Key Takeaways:

• The Supreme Court has referred to a larger bench the question of equating service conditions of allopathic and AYUSH doctors.
• Allopathic doctors offer critical, life-saving services, including invasive procedures and surgeries, which cannot be carried out by AYUSH doctors.
• Different high courts have taken different views on the applicability of different service conditions for allopathic doctors and those practicing indigenous medicines.
• The Supreme Court has noted that the curriculum, diagnostic methods, treatment philosophies, and composition of medicines administered by allopathic doctors are different from those of AYUSH doctors.
• The dearth of medical practitioners in allopathy does not exist in AYUSH systems of medicine, especially when critical life-saving care is not carried out by AYUSH doctors.
• The court has referred to a larger bench to provide an authoritative pronouncement on the issue of treatment of unequals as equals.

Statistics:

• 65: The retirement age for allopathic doctors in many states.
• 60: The retirement age for AYUSH doctors in many states.
• 2023: The year in which the Supreme Court judgment in State of Gujarat & Ors vs Dr P.A. Bhatt & Ors was delivered.

Sources:

• State of Gujarat & Ors vs Dr P.A. Bhatt & Ors (2023), Supreme Court of India
• ABP Private Limited, distributed by Contify.com