However, by the impugned judgment and order, the High Court observed that the State had failed to establish that the students pursuing Post Graduate course in Ayurveda are of different class than that of students pursuing Post Graduate course in Allopathy.
Also Read: https://newslaw.in/supreme-court/judgment-altered-offence-under-section-304-part-i-to-304-part-ii/
A mandamus was, therefore, issued to the State to treat the students pursuing Post Graduate in Ayurveda stream at par with the students pursuing Post Graduate Course in Allopathy stream. Bhatt and Others, has held that the 2 duties discharged by the Post Graduate students in Ayurveda stream cannot be equated with the duties discharged by the Post Graduate students in Allopathy stream. The Government filed an affidavit before the 3 High Court contending inter alia – (i) that while General Hospitals and Government Hospitals come under the Medical Services Department, PHCs, CHCs and Government dispensaries come under the Public Health Department; (ii) that in respect of medical services, doctors with MD/MS or postgraduate degree/diploma are appointed to Class-I specialist cadre; (iii) that Homeopathy doctors are appointed to Class-III posts; (iv) that Ayurved doctors are appointed to Class-II posts; and (v) that there are lot of differences between the duties and responsibilities discharged by both these categories of doctors.
Required to perform emergency duties and trauma cases, surgery cases and post mortem cases.
No emergency duty, cannot perform surgery and post mortem 3.
Also Read: https://newslaw.in/supreme-court/c-a-no-006503-006503-2022/
The comparative chart extracted in paragraph 5 of the impugned order merely shows what these two categories of doctors “can do” and the different approaches that the different systems of medicine have towards persons suffering from various illnesses.
As seen from paragraph 41 above, Allopathy doctors are required to perform emergency duties and to provide trauma care.
Mishra further submitted that as a matter of fact, subsequently, there has been a revision of stipend paid to both the streams and as a matter of fact, there is not much of a difference in the stipend paid to the Post Graduate students in both the streams.
Also Read: https://newslaw.in/supreme-court/conviction-upheld-for-offence-under-section-342-of-ipc/
The impugned judgment and order is, therefore, quashed and set aside and the Writ Petition No 6415 of 2015 filed by the petitioners therein (respondents herein) before the High Court stands dismissed.
Case Title: THE STATE OF M.P. Vs. VIJAY KUMAR TIWARI (2024 INSC 25)
Case Number: C.A. No.-000017-000017 / 2024
