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Can Ayush practitioners be given parity with allopathic doctors? Larger SC Bench to decide

In many states, allopathic doctors retire at 65, whereas those practising indigenous medicines retire at 60. There’s a difference in pay scales as well between the two streams

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Can doctors practising indigenous systems of medicine such as Ayurveda, Unani and Siddha be given parity with allopathic doctors in matters of service conditions (retirement age and pay scales) in government organisations?

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In view of divergent views expressed by different high courts on the contentious issue, a two-judge Bench of the Supreme Court has referred the issue to a larger Bench.

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In many states, allopathic doctors retire at 65, whereas those practising indigenous medicines retire at 60. There’s a difference in pay scales as well between the two streams.

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A Bench of Chief Justice BR Gavai and Justice K Vinod Chandran referred to a 2023 judgment of the Supreme Court in State of Gujarat and Ors vs Dr PA Bhatt & Ors in which it was held that classification of service conditions based on educational qualifications cannot be considered as unconstitutional or discriminatory.

“The claim for parity will have to be decided finally, looking at the qualification acquired, the treatment practices, the functions, work and duties and so on,” the Bench said even as it noted that allopathic doctors offered critical, life-saving services.

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“As has been noticed in Dr PA Bhatt (case)…, it is the MBBS doctors, allopath practitioners, who are dealing with critical care, immediate lifesaving measures, invasive procedures, including surgeries and even postmortem, none of which can be carried out by any of the practitioners of indigenous systems of medicine. The contention of the states which have brought in two different retirement ages is also that of public good and the concern expressed is of dearth of sufficient allopathic doctors,” the Bench said.

“We are of the opinion that there should be an authoritative pronouncement on the issue and we hence refer the matter to a larger Bench,” said the top court, which is seized of several petitions on applicability of different service conditions for allopathic doctors and those practising AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy).

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