Himachal HC questions state over repeated tribal postings of doctors
Bail Order
Shimla: The Himachal Pradesh High Court has expressed concern over the alleged discriminatory transfer policy for doctors in the state, questioning the health department over the repeated posting of certain doctors in difficult tribal regions while others reportedly avoid such assignments throughout their careers.
The observations were made while hearing the petition filed by Dr Baseem Akram, who challenged his transfer to the tribal area of Bharmour in Chamba district. The petitioner informed the court that he had earlier served in a tribal region from January 2020 to November 2022 before leaving for postgraduate studies. After completing his course, he was again assigned to a tribal posting, following which he approached the court alleging unfair treatment, reports the Times of India.
“This court observes that the profession of doctor is one of the most pious professions in the world. However, if a doctor himself or herself feels aggrieved by the discriminatory attitude being adopted against him or her by the employer qua his or her posting, then obviously, such a doctor would not be in a good mental state to render services to the patients with 100% devotion," remarked the high court bench headed by Justice Ajay Mohan Goel.
According to The Daily, Justice Goel found merit in the petition after observing that doctors who served in comparatively comfortable stations for years did not get any deployment in such tribal regions. The court considered the records submitted by the health department, which indicated that Dr Chakarborthy, posted at Civil Hospital, Dalhousie, never served in a tribal area. Other Kangra-based doctors also avoided tribal postings, including Dr. Swati Saha of Zonal Hospital Dharamshala, serving since 2017 and retiring December 31, and Dr. Sheily Sharma of Civil Hospital Fatehpur, who has been there since 2011.
"It is evident that some doctors are being favoured by the department," emphasised the court. The bench inquired about the reason for transferring a single doctor to tribal regions again and again while exempting others from the same. The bench further added that a transparent and just transfer policy would keep medical professionals motivated to work; otherwise, this kind of blatant discrimination can sow "discord" among medical professionals.
The court further stated that all the doctors should contribute to serving in tribal and hard areas, and a few should not be the only ones who bear the responsibility of it. The court has also instructed the state govt to consider transferring the petitioner doctor to a non-tribal station and deploy a doctor in his place who has not previously served in tribal regions.
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