Different age for Superannuation of Allopathic, Ayurvedic Doctors is a violation of Article 14 : Rajasthan HC

The Court cited Supreme Court judgment in North Delhi Municipal Corporation Vs. Dr. Ram Naresh Sharma & Ors. reported in 2021 SCC ONLINE SC 540 wherein it was held that, “The only difference is that AYUSH doctors are using indigenous systems of medicine like Ayurveda, Unani, etc. and CHS doctors are using Allopathy for tending to their patients. In our understanding, the mode of treatment by itself under the prevalent scheme of things, does not qualify as an intelligible differentia. Therefore, such unreasonable classification and discrimination based on it would surely be inconsistent with Article 14 of the Constitution

The Rajasthan High Court, on September 28, held that different age for superannuation of allopathic and ayurvedic doctors was violative of Article 14 of the Constitution of India.

Bench of Chief Justice M. M. Shrivastava and Justice Vinod Kumar Bharwani heard a writ petition which prayed for quashment of a notification which provided benefit of extension of retirement age to only allopathic doctors.

The writ petition was, henceforth, allowed and petitioners (Ayurvedic Doctors) were given relief on par with allopathic doctors.


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