LexSTATE OF GUJARAT & ORS. ETC. versus DR. P. A. BHATT & ORS. ETC.
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A B C D E F G H 301 [2023] 5 S.C.R. 301 301 STATE OF GUJARAT & ORS. ETC. v. DR. P. A. BHATT & ORS. ETC. (Civil Appeal Nos. 8553-8557 of 2014) APRIL 26, 2023 [V. RAMASUBRAMANIAN AND PANKAJ MITHAL, JJ.] Service Law : Equal Pay – Allopathy doctors and doctors of indigenous medicine-, if can be said to be performing “equal work” so as to be entitled to “equal pay Non-MBBS medical officers seeked extension of the benefit of higher scales of pay on parity with the allopathic doctors on the basis of the recommendations of Tikku Pay Commission – – Held: Classification based upon educational qualification for the grant of higher pay scale, is a valid classification – Both categories of doctors are certainly not performing equal work to be entitled to equal pay. Pay scales – Appointment of officers to the same post in a cadre – Fixation of different scales of pay on the basis of educational qualifications possessed by them – Held: Classification based upon educational qualification for the grant of higher pay scale, is a valid classification – Thus, the classification based upon educational qualification is not violative of Articles 14 and 16 of the Constitution. Allowing the appeals, the Court HELD: 1.1 The classification based upon educational qualification is not violative of Articles 14 and 16 of the Constitution. Hence, the answer to Issue No.1 that Whether different scales of pay can be fixed for officers appointed to the same cadre, on the basis of the educational qualifications possessed by them would be in favour of the State and against the respondents. [Para 37][314-D-E] 1.2 Allopathy doctors are required to perform emergency duties and to provide trauma care. By the very nature of the science that they practice and with the advancement of science and modern medical technology, 23 the emergency duty that Allopathy doctors are capable of performing and the trauma care A B C D E F G H 302 SUPREME COURT REPORTS [2023] 5 S.C.R. that they are capable of providing, cannot be performed by Ayurved doctors. [Para 43][316-D-E] 1.3 It is also not possible for Ayurved doctors to assist surgeons performing complicated surgeries, while MBBS doctors can assist. This Court shall not be understood to mean as though one system of medicine is superior to the other. It is not the mandate nor within competence of this Court to assess the relative merits of these two systems of medical sciences. As a matter of fact, this Court is conscious that the history of Ayurveda dates back to several centuries. The Encyclopaedia Britannica states that the golden age of Indian medicine from 800 B.C., till 1000 A.D., was marked by the production of two medical treatises known as “caraka-samhita” and “susruta-samhita”. [Para 44][316- E-G] 1.4 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 authorise them to perform these surgeries. [Para 49][319-B-C] 1.5 A post-mortem or autopsy is not carried out by/in the presence of Ayurved doctors. Section 174 of the Code of Criminal Procedure, 19738 deals with the procedure for the police to inquire and report on suicide, etc. Sub-section (3) of Section 174 mandates that the police officer shall, subject to such rules as the State Government may prescribe, forward the dead body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, in certain types of cases such as, (i) suicide by a woman within seven years of marriage; (ii) death of a woman within seven years of marriage in certain circumstances; and (iii) cases where there are any doubts regarding the cause of death. Section 176 of Cr.P.C deals with inquiry by Magistrates into cause of death. Sub-section (5) of Section 176 uses similar words namely “Civil Surgeon or other qualified medical man”. The AYUSH doctors are normally not notified as competent to perform post- mortem. [Paras 50, 51][319-C-F] 1.6 It is common knowledge that during out-patient days (OPD) in general hospitals in cities/towns, MBBS doctors are A B C D E F G H 303 made to attend to hundreds of patients, which is not the case with Ayurveda doctors. In the comparative chart extracted, the State of Gujarat have claimed that IV injections and ART injections cannot be administered by Ayurved doctors. [Paras 52-53][319- F-H] 1.7 Even while re
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