No Parity for Ayurvedic/AYUSH Doctors with MBBS Doctors, Says Supreme Court

The Supreme Court of India recently reiterated that practitioners of Ayurvedic and AYUSH medicine cannot claim equality with medical doctors. This observation was made while dismissing a special leave petition, with the Court emphasizing the significant differences in academic qualifications and the standards of education between the respective disciplines.

A bench comprising Justices Surya Kant and Ujjal Bhuyan remarked, “Considering the qualitative distinction in academic qualifications and the standard of imparting the respective degree courses, we are satisfied that Ayurvedic or AYUSH doctors serving in the State of Kerala cannot claim parity with medical doctors.”

To support their conclusion, the bench referred to an earlier judgment in the case of State of Gujarat and Others v. Dr. P.A. Bhatt and Others. In that ruling, it was held that allopathic doctors and practitioners of indigenous medicine cannot be deemed to perform equal work. Consequently, the principle of "equal pay for equal work" could not be applied in such cases, as the nature and scope of their professional duties are distinct.

The Court referenced the decision in Central Council for Research in Ayurvedic Sciences and Another v. Bikartan Das and Others. In this matter, it was determined that an employee of the Central Council for Research in Ayurvedic Sciences (CCRAS), operating under the Ministry of AYUSH, could not automatically claim the same retirement age as AYUSH doctors.

This was despite the employee being involved in treating patients in both outpatient (OPD) and inpatient (IPD) departments.

(Rehash/Sai Sindhuja K/MSM)