Absence of immunohematology, blood transfusion depts contravenes NMC guidelines: HC

Shimla: Considering that medical students should not suffer academically, the Himachal Pradesh High Court has ordered the state government to establish a Department of Immunohematology and Blood Transfusion in all government medical colleges within six months. 

The decision is based on guidelines issued by the National Medical Commission (NMC), which require the transformation of blood banks into fully functional academic departments. The court noted that the absence of such a department contravenes guidelines set by the National Medical Commission, adversely affecting students and healthcare standards.

The bench, led by Justice Sandeep Sharma, observed, 

"It cannot be disputed that the Department of Immunohematology and Blood Transfusion is very much essential in a Medical College. Though this Court is fully alive to the situation that it is the sole prerogative of the Government to create infrastructure or a Department in a College or Department concerned, having taken note of the urgency in the matter, where NMC guidelines themselves provide for creation of the Department… this Court has issued aforesaid direction."

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As per a HT news report, the order came in response to a petition filed by Dr Richa Gupta. She had approached the court seeking the appointment of an Assistant Professor in the Blood Transfusion Department at Dr YSP Government Medical College, Nahan. During the hearing, it was revealed that most medical colleges in the state still run blood banks under the Department of Pathology, instead of having a separate Department of Immunohematology and Blood Transfusion as required by NMC.

The judgment refers to a March 11, 2025 communication from the Principal of Shri Lal Bahadur Shastri Government Medical College, Mandi, to the Director of Medical Education & Research, stating that the Blood Bank currently operates under the Department of Pathology, but as per NMC norms from 2021, the nomenclature should be changed to the Department of Immunohematology and Blood Transfusion, and at least one post of Assistant Professor must be created for its smooth functioning, reports Himachalscape.

The Court clarified that while it could not direct the promotion of the petitioner to the desired post due to legal constraints established in the earlier ruling in Dr. Nitika Verma vs. State of H.P., the larger issue of departmental creation fell within its jurisdiction under constitutional mandates.

While disposing of the petition, the Court directed the government to expedite the creation process and file a compliance report two weeks after the six-month period ends. 

“Ultimately, students studying in afore Colleges are not made to suffer on account of non-compliance of guidelines issued by NMC,” the judge noted.