Supreme Court assures ayurvedic doctors of being treated at par with allopathic doctors under NHRM

The Supreme Court on March 25 clarified that the respondents who are Ayurvedic doctors will be entitled to be treated at par with Allopathic Medical Officers and Dental Medical Officers under the National Rural Health Mission (NRHM/NHM) Scheme.

The Division Bench comprising Justices Vineet Saran and Justice J.K Maheshwari, while dismissing a Special Leave Appeal , upheld the order of the Uttarakhand High Court that under the NRHM/NHM Scheme, Ayurvedic Doctors will be entitled to parity in salary with Allopathic Medical Officers and Dental Medical Officers.

“Having heard learned counsel for the parties and considering the facts and circumstances of the case, we do not find any ground for interference with the order passed by the High Court. The special leave petition is, accordingly, dismissed”, the order reads.

The facts of the case in the High Court is that the petitioners were appointed as Medical Officers “Ayush” on the contract basis during the year 2010 to 2013 under “National Rural Health Mission”

The NRHM was started by the Government of India in the year 2005 for the purpose of Healthcare, more particularly, in rural areas. The 85% expenses are borne by the Central Government and 15% by the State Government.

According to the preamble of NRHM scheme, it is meant to develop and improve the quality of life of citizens and to adopt a synergistic approach by relating health to indica of good health viz. segments of nutrition, sanitation, hygiene and safe drinking water. It also aims at mainstreaming the Indian System of Medicine to facilitate health care.

The overall goal of the Mission is to improve the availability of access to quality health care by people especially for those residing in rural areas, the poor, women and children. In fact, it provides effective health care to rural populations throughout the country with special focus on 18 States including the State of Uttarakhand.

The petitioners were appointed in Rashtriya Bal Swasthya Karyakram (RBSK) run by the NRHM. The State Government has also employed Allopathic, Dental, Ayurvedic and Homeopathic Medical Officers under NRHM on contract basis.

The Allopathic and Dental Doctors were given consolidated salaries of Rs.48,000/-, Rs.52,000/- and Rs.56,000/- for Sugam, Durgam and Ati-durgam places respectively. The petitioners were paid only Rs.36,000/-, Rs.40,000/- and Rs.44,000/- for Sugam, Durgam and Ati-durgam places respectively.

There were 82 Ayurvedic and 18 Homeopathic Medical Officers appointed on contract basis under NRHM. 296 Ayurvedic Medical Officers were also appointed on contract basis under RBSK. Initially there was no difference in the salary between Allopathic Medical Officers and Ayurvedic Medical Officers as per advertisement issued in the year 2010. The petitioners have made several representations seeking parity of salary with their counterparts working as Allopathic Medical Officers and Dental Medical Officers.

The Division Bench of Uttarakhand High Court comprising Justice Rajiv Sharma and Justice Alok Singh noted that the case of the petitioners has been rejected only on the ground that they are working on contractual basis and thus, they are not entitled to the parity with Allopathic Medical Officers and Dental Medical Officers. The petitioners are discharging the same duties which are being discharged by the Allopathic Medical Officers and Dental Medical Officers.

It is further noted by the Court that the underlying principles of NRHM is to provide basic health facilities to the citizens of the State, more particularly, of rural areas. The petitioners have obtained their degrees from recognized institutions. They have also taken 4-5 years courses. It is for the patient to opt for any of the system i.e. Allopathic or Ayurvedic or Homeopathic.

“There is no intelligible differentia so as to distinguish the Ayurvedic and Homeopathic Medical Officers viz-a-viz Allopathic and Dental Medical Officers. There is no rational reason why similar situate persons have been discriminated against. The petitioners as well as Allopathic and Dental Medical Officers constitute a homogeneous class.

7. Homeopathy, Ayurveda and Allopathy are different streams of Medicines, yet these have to be treated at par with each other. The nature of degrees and duration of courses are almost the same. There is also discrimination by paying Rs.10,000/- extra to the Doctors working in Community Health Centres and Primary Health Centres. The petitioners are working in rural areas. They cannot be discriminated against only on the ground that they are not serving in Community Health Centres and Primary Health Centres”, the Court observed .

In the instant case the Court held that the duties discharged by the petitioners viz-a-viz Allopathic Medical Officers and Dental Medical Officers are of equal sensitivity and quality, even the responsibility and reliability are the same. The classification made by the State Government is irrational.

“Accordingly, the writ petition is allowed. The State/respondents are directed to pay and release the salary to the petitioners at par with Allopathic Medical Officers and Dental Medical Officers from the date when the same was paid to the Allopathic and Dental Medical Officers, within a period of three months from today with arrears”, the High Court order reads passed on 03.04.2018 .

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