'No Error In Judgment That Ayurved Doctors Aren't Entitled To Equal Pay As Allopathy Doctors' : Supreme Court Dismisses Review Petitions

“We have perused the Judgment and Order dated 26th April 2023 which has been sought to be reviewed.There is no error apparent on the record.Even otherwise, there is no ground for review," observed a bench comprising Justices Abhay S Oka and Pankaj Mithal rejecting the review petitions.

The review petitions were filed by Medical Officers (Ayurved) Association and certain individuals against the judgment delivered on April 26 by a two-judge bench comprising Justice V. Ramasubramanian and Justice Pankaj Mithal in Medical Officers Association (Ayurveda) State Of Gujarat v. Union Of India. The judgment had set aside the Gujarat High Court order which held that practitioners possessing a degree of Bachelor of Ayurved in Medicine and Surgery are to be treated at par with doctors holding MBBS degrees.

The National Commission for Indian System for Medicine had also filed an sought for modification of the 2-judge bench judgment.

The Supreme Court in its ruling earlier had emphasized on the unique capabilities and limitations of each system of medicine. The Court had stated, "We shall not be understood to mean as though one system of medicine is superior to the other. It is not our mandate nor within our competence to assess the relative merits of these two systems of medical sciences."

The Court also pointed out that MBBS doctors are trained to assist in complex surgical procedures, a task that Ayurvedic doctors are not equipped for. The Court elaborated, "Therefore, we have no doubt that every alternative system of medicine may have its pride of place in history. But today, the practitioners of indigenous systems of medicine do not perform complicated surgical operations. A study of Ayurved does not authorize them to perform these surgeries.

The Court also highlighted practical differences in the roles of Allopathy and Ayurvedic doctors.

The Court finally held"Therefore, even while recognizing the importance of Ayurveda doctors and the need to promote alternative/indigenous systems of medicine, we cannot be oblivious of the fact that both categories of doctors are certainly not performing equal work to be entitled to equal pay.”

Case title: Medical Officers Association (Ayurveda) State Of Gujarat v. Union Of India

Citation: 2023 LiveLaw (SC) 952

Click here to read the order