Can AYUSH doctors issue valid medical fitness certificates- Court to decide

The High Court bench comprising of Justice Rekha Palli has also granted time to the Delhi Government to obtain instructions regarding this alleged discrepancy.

This comes after the Integrated Medical Association (AYUS), an association of Ayurveda and Unani practitioners across the country, in a plea before the High Court alleged discrimination between the practitioners of Indian and Modern system of Medicine and urged the Court to pass appropriate orders so that the Practitioners of the Indian System of Medicine (Ayurveda, Unani, Siddha, and Sowa-Rigpa Systems of Medicine) be allowed to issue a certificate of medical fitness for the purposes of registration/renewal of driving licenses.

The petitioner, Integrated Medical Association (AYUS), is a duly registered national organization of institutionally qualified doctors of the Indian System of Medicine since 1988 and was previously known as All India Indian Medicine Graduates Association which has a large number of ayurvedic doctors as members from all across the country.

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The issue concerns the SARTHI Software used by the transport department operative under the Delhi Government.

It has been submitted by the petitioner association that the SARTHI Software used by the transport department of Delhi Government is not recognizing/admitting medical fitness certificates being issued by the practitioners of the Indian System of Medicine (Ayurveda, Unani, Siddha and Sowa-Rigpa).

Advocate Tanya Agarwal, the counsel for a petitioner said that the Practitioners of the Indian System of Medicine (Ayurveda, Unani, Siddha, and Sowa-Rigpa Systems of Medicine) all across the country are entitled to issue certificates for all necessary purposes including Fitness Certificate for registration/renewal of Driving Licenses and till recently the Zonal Offices of the Transport Department have been accepting Medical Fitness Certificates issued by all registered medical practitioners including the Practitioners of Indian System of Medicine (Ayurveda, Unani, Siddha and Sowa-Rigpa Systems of Medicine), reports ANI.

However recently, the uploaded (SARTHI) software of the Transport Department mentions practitioners holding only MBBS degree eligible to issue such a certificate which is a clear violation of law, rules, and regulations and discrimination against Practitioners of the Indian System of Medicine (Ayurveda, Unani, Siddha and Sowa-Rigpa Systems of Medicine) and as such depriving them of their valuable statutory right because of the anomaly created by the SARTHI software of the Transport Department, the petition said.

As a result, the Zonal Offices of the Transport Department are now not accepting medical fitness certificates issued by the Practitioners of the Indian System of Medicine online, the petition said.

"Non-acceptance of medical certificates issued by the Practitioners of Indian System of Medicine is a sheer violation of fundamental right under Articles 19(1)(g), 14 and 21 as guaranteed by the Constitution of India," the plea stated.

According to the petition till February 2021 the Practitioners of Ayurveda, Unani, Siddha, and Sowa-Rigpa Systems of Medicine were authorized to issue medical certificates for the purposes of Fitness Certificate for registration/renewal of Driving Licenses, but from March 2021 the Respondents (Delhi Government) have made some changes in its software (SARTHI) wherein it is now mentioned that the medical fitness certificate should be issued by M.B.B.S. doctors only.

Advocate Tanya Agarwal said that the practice by Practitioners of the Indian System of Medicine is regulated by the Central Council of Indian Medicine, a statutory body constituted under the Act of Parliament under the Indian Medicine Central Council (IMCC) Act 1970.

The IMCC authorizes the registered Practitioners of the Indian System of Medicine (Ayurveda, Unani, Siddha, and Sowa-Rigpa Systems of Medicine) to issue the certificate of medical fitness along with all other certificates for all necessary purposes including Fitness Certificate for registration/ renewal of Driving Licenses.

Thus, the association, through the petition urged the Delhi High Court to pass an appropriate writ, order, or direction to the Respondents to correct and modify the (SARTHI) software of the Transport Department and allow the Practitioners of the Indian System of Medicine (Ayurveda, Unani, Siddha and Sowa-Rigpa Systems of Medicine) to issue a certificate of medical fitness for the purposes of registration/renewal of driving licenses.

It also urged the Court to pass an appropriate direction not to discriminate against the practitioners of Ayurveda, Unani, Siddha, and Sowa-Rigpa Systems of Medicine with the MBBS degree holders in issuing the medical fitness certificates.

Responding to this, the learned ASG, Chetan Sharma, appearing on the behalf of the Delhi Government prayed for time to obtain instructions regarding this discrepancy, as also whether such a software has been created under the instructions of the Union of India, as contended by the Petitioner association.

After listening to the contentions, Justice Rekha Palli was quoted saying by Live Law, "They are allowed under the scheme for giving fitness certificates for motor vehicles. Now you developed a software saying that only persons with MBBS qualifications can grant. If you amend the rules, it's different but otherwise, how can you have such a software? Offline it is being accepted, online they are not permitted. How can this be?"

The bench further observed that as long as the statute mentions that the petitioners have the power to issue certificates, a prima facie case in their favour is made out.

"Prima facie, what you are saying is correct.. It (software) could be a mistake, an inadvertent error" noted the bench.

Responding to this, the counsel for the petitioner mentioned, "That is why we have limited our prayer to modification of the software."

The High Court bench thus sought to know the stand of Delhi Government and Central Government regarding the matter and listed the matter to be heard on September 3.