Supreme Court Refers AYUSH Doctors’ Parity Case to Larger Bench

The Supreme Court of India has referred the issue of parity between practitioners of indigenous medical systems, collectively known as AYUSH (Ayurveda, Unani, and Homeopathy), and allopathic doctors to a larger bench. This decision, made on October 20, 2023, follows a hearing where the court considered challenges against differing retirement ages and service conditions for these two groups of medical practitioners.

During a session on May 13, a bench composed of Chief Justice B.R. Gavai and Justice K. Vinod Chandran reserved its order concerning the retirement age disparities. The justices noted a “divergence of opinion” in earlier rulings, which necessitated a more authoritative examination of the matter by a larger bench.

The current legal framework allows states to extend the service of AYUSH doctors beyond their existing retirement age, up to the age applicable to allopathic doctors. However, this extension comes without the regular pay and allowances. Those AYUSH practitioners permitted to continue their service would receive half pay, which would be adjustable against their pensions or final emoluments based on the eventual ruling.

This legal challenge originated when the Rajasthan government increased the retirement age for allopathic doctors from 60 to 62 years in 2016 due to a shortage of medical personnel. AYUSH doctors contested this policy, arguing that it violated Article 14 of the Indian Constitution, which guarantees the right to equality, since they perform similar patient care roles. The Rajasthan High Court initially supported this argument, prompting the state government to escalate the issue to the Supreme Court.

The representation for the state and the AYUSH practitioners included Solicitor General Tushar Mehta and other legal counsels. The Supreme Court highlighted that should AYUSH doctors be deemed eligible for parity, they would be entitled to full pay and arrears for the duration of their extended service.

Approximately 1,000 doctors could be directly impacted by the Supreme Court’s forthcoming decision. The larger bench will now delve into the question of equitable treatment for AYUSH doctors in comparison to their allopathic counterparts, a case that has significant implications for practitioners across the country. This ruling could potentially reshape the landscape of medical service conditions in India, emphasizing the importance of parity in healthcare professions.