There is no anomaly between the Allopathic Doctors and Ayush Doctors so far as their age of retirement i.e. 65 years is concerned….Merely saying that the Allopathic Doctors and Ayush Doctors are treating human patients by adopting their own method cannot be equated with Veterinary Doctors as they are treating non-human patients, is not acceptable: High Court
Bhopal: High court, Madhya Pradesh has found the state government’s policy not to give the benefit of retirement age at 65 to veterinary doctors as discriminatory and unconstitutional while directing the government to amend the rules at the earliest so as to enhance the age of retirement of such doctors from 62 to 65 years.
Pronouncing its judgement on a bunch of petitions on Monday a two-member bench of the principal bench of High Court at Jabalpur, comprising of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “There is no anomaly between the Allopathic Doctors and Ayush Doctors so far as their age of retirement i.e. 65 years is concerned….Merely saying that the Allopathic Doctors and Ayush Doctors are treating human patients by adopting their own method cannot be equated with Veterinary Doctors as they are treating non-human patients, is not acceptable.”
As per the judgment the bench said, “In our view, a veterinarian or veterinary surgeon is a medical professional who practices veterinary medicines. They manage a wide range of health conditions and injuries in non-human animals. Article 14 of the Constitution of India which guarantees equality before the law and equal protection of the laws, can be used to challenge age based retirement policies that are considered discriminatory.”
The Court further observed while the government has the right to set retirement polices, these must not create arbitrary or discriminatory classifications. Specifically, any classification based on age must have rational nexus to a legitimate objective.
The Court said, “The Supreme Court of India recognizes the intrinsic value and right to life of animals stating that their life extends beyond mere survival encompassing dignity, honour and the ability to live peacefully. The Supreme Court has incorporated this into the legal framework, expanding the interpretation of life under Article 21 of the Indian Constitution to include animals. The Supreme Court has addressed the rights and duties related to animals welfare including veterinary services, in several cases.”
The Court said one notable case was Animal Welfare Board of India Vs. A. Nagaraja reported in (2014) 7 SCC 547. 37.
In view of the above discussion and settled position of law, we are of the considered view that the claim of the veterinary doctors in respect of enhancement of age of retirement should be at par with the Allopathic Doctors and Ayush Doctors, stated the Bench.
“In consequence thereof, the impugned amendment so far as it excludes the veterinary doctors depriving of benefit of enhancement of age of retirement up to 65 years is declared discriminatory and unconstitutional on the principle of equality guaranteed under Article 14 of the Constitution of India. Consequently, we direct the State Government to come up with appropriate provision and rules fixing the age of retirement of veterinary doctors up to 65 years at the earliest, till then this judgment shall hold the field”, said the Bench in its 29-page judgement.
Earlier, the Court reserved the judgment on May 2, 2025 which was pronounced on Monday.
Those who filed different petitions with same prayer include Dr OP Singh, Dr Kedar Singh Tomar, Rajendra Prasad Gautam, Dr Pradeep, Maqbool Mansoori, Dr Pradeep Singh Solanki and others.
