HC bars Himachal Govt from sending doctors on deputation to other medical colleges without their consent
Himachal Pradesh High Court
Shimla: Issuing an interim order, the Himachal Pradesh High Court has barred the State Government from sending doctors on deputation to other medical colleges without their consent.
The order was passed by the Division Bench comprising Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel while considering a plea filed by four doctors who challenged the deputation scheme of the government.
Restraining the State from deputing the petitioner doctors to other medical colleges without their consent, the HC bench also issued notices to the Health Secretary, Director of Medical Education, and the Principal of Tanda Medical College seeking their replies.
The matter has been listed for further hearing on August 24, 2023.
As per the latest media report by The Tribune, approaching the High Court bench, the petitioner doctors alleged that the government was transferring the doctors working in Tanda medical college in Kangra, and Indira Gandhi Medical College, Shimla, on deputation to newly established medical colleges. According to them, the transfer orders were issued without the consent of the petitioner doctors.
Further, the doctors informed the bench that on June 7, 2008, the State Government separated the academic cadre of the Tanda Medical College and Indira Gandhi Medical College (IGMC) Shimla. Consequently, the petitioners were adjusted in the academic cadre of the Tanda Medical College.
Back on November 17, 2018, the State Government opened four new medical colleges and planned filling up the posts in the academic cadre in these college by transferring doctors who were already working in Indira Gandhi Medical College in Shimla and the Tanda medical college on deputation. This was done till regular postings were made at those new medical institutes.
Opposing this, the petitioner doctors approached the HC bench and urged the court for quashing the deputation scheme of the State Government.
After conducting the preliminary hearing in this issue, the HC bench observed that the proposed deputation of those four doctors, as per the notification issued on April 15, 2020, violated the orders of the Supreme Court. The Apex court makes it mandatory to take consent of the petitioner doctors for deputation, noted the bench.
Accordingly, the bench passed an interim order and restrained the State from sending doctors on deputation to other medical institutes without taking their consent.
NMC Directions:
Earlier this year, NMC slammed the states/UT governments on the irregular practice of transferring faculty to medical colleges that lack sufficient strength of teaching staff just ahead of the NMC inspection and transferring them back to their respective institutes once the assessment is over.
Medical Dialogues had earlier reported that issuing a notification in this regard reiterating the responsibilities of medical colleges and norms for faculty requirements so that deficiency in teaching staff doesn’t occur, the NMC’s Medical Assessment and Rating Board (MARB) asked the Departments of Medical Education of all the States and UTs to abide by the rules and not change posting of medical teachers in one academic year.
Moreover, the authorities were asked to comply with the Minimum Standards of Requirements laid down by the apex medical regulator for faculty in a medical college as well as ensure the sanctioned capacity of faculty is met so that the standard of teaching is not compromised.
Also Read: NMC slams State Govts for transferring medical teachers ahead of Inspection
