SC has referred to a larger bench the issue of whether AYUSH doctors can claim parity with MBBS doctors in terms of service conditions and retirement age.
Meetu Kumari | Oct 29, 2025 |
Supreme Court Refers AYUSH Doctors Retirement Age Parity Issue to Larger Bench
The petitions arose from differing judicial opinions on whether practitioners of AYUSH (Ayurveda, Unani, Homoeopathy, etc.) are entitled to the same retirement age and service benefits as allopathic doctors. The lead matter involved the State of Rajasthan v. Anisur Rahman and connected SLPs, where AYUSH doctors sought parity in retirement age.
The petitioners relied on NDMC v. Dr Ram Naresh Sharma (2021), in which the Court extended the retirement age of AYUSH doctors to 65 years, in line with allopathic doctors. However, subsequent judgments, including State of Gujarat v. Dr. P.A. Bhatt and Dr. Solamon A. v. State of Kerala, distinguished Ram Naresh Sharma, holding that differences in qualifications, nature of work, and treatment methods justified distinct service conditions.
Issue Raised: Whether AYUSH doctors can claim parity with allopathic doctors regarding retirement age, pay scales, and service conditions under Articles 14 and 16 of the Constitution.
SC’s Decision: The Court observed conflicting precedents and held that a conclusive determination on the issue requires examination by a larger bench. It noted that MBBS doctors perform critical and emergency medical functions not undertaken by AYUSH practitioners, justifying differential treatment in service conditions. However, it recognised that parity claims should be assessed on the similarity of functions, qualifications, and duties.
Pending the larger bench’s decision, States may allow AYUSH doctors to continue beyond their prescribed retirement age on half pay without regular allowances. If the larger bench ultimately rules in their favour, the doctors will be entitled to full pay and allowances for the extended period; otherwise, the payments will be adjusted against pension benefits.
Allopathy doctors handle emergencies, surgeries, and trauma care, unlike AYUSH doctors, warranting separate service terms. Equality under Articles 14 and 16 demands analysis of actual duties, not just medical qualification. AYUSH doctors may continue in service on half pay pending final adjudication by a larger bench.
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