Ayurvedic/AYUSH Doctors Can't Seek Parity With Medical Doctors : Supreme Court Reiterates

While dismissing a special leave petition, the Supreme Court recently reiterated that Ayurvedic/AYUSH doctors cannot seek parity with medical doctors. The order was passed noting the qualitative distinction between the academic qualifications and standard of imparting of the respective degree courses.

"we are satisfied on facts that the Ayurvedic or AYUSH doctors serving in the State of Kerala, having regard to the qualitative distinction in the academic qualifications and the standard of imparting respective degree courses, cannot seek parity with medical doctors", said a bench of Justices Surya Kant and Ujjal Bhuyan.

In making the aforesaid observations, the bench referred to the Court's earlier decision in State of Gujarat And Ors. v. Dr. P.A. Bhatt And Ors., where it was held that allopathy doctors and doctors of indigenous medicine cannot be said to be performing equal work so as to be entitled to equal pay.

Reference was also made to the decision in Central Council for Research in Ayurvedic Sciences and Another v. Bikartan Das and Others, where it was observed that an employee of CCRAS, Ministry of AYUSH was not automatically entitled to demand parity in superannuation age with AYUSH doctors, just because he treated OPD and IPD patients.

Case Title: DR. SOLAMON A v. THE STATE OF KERALA, SLP(C) No. 3946/2023

Click here to read the order