The Himachal Pradesh High Court has expressed serious concern over the discriminatory posting policy adopted by the state health department, questioning why certain doctors are repeatedly sent to difficult tribal areas while others are shielded from such postings throughout their careers.
Court's Observations on Doctor's Grievance
"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 bench headed by Justice Ajay Mohan Goel.
The court was hearing a 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 already served in a tribal area from January 2020 to November 2022 before leaving for his postgraduate course. After completing his studies, he was once again posted in a tribal region, prompting him to approach the court alleging unfair treatment.
Evidence of Favouritism
Justice Goel observed that the grievance raised by the petitioner appeared justified, especially when several doctors were never posted in tribal regions despite serving for years in comparatively comfortable stations. The court referred to records submitted by the health department showing that Dr. Chakarborthy, posted at Civil Hospital, Dalhousie, never served in a tribal area. Similarly, doctors posted in Kangra district, including Dr. Swati Saha, serving at Zonal Hospital, Dharamshala since 2017 (who is to superannuate on December 31 this year), and Dr. Sheily Sharma at Civil Hospital, Fatehpur since 2011, were also never assigned tribal postings.
"It is evident that some doctors are being favoured by the department," emphasised the court.
Need for Fair Transfer Policy
The bench questioned the rationale behind repeatedly deputing the same doctors to remote regions while exempting others altogether. It was observed that such discrimination created "discord" among medical professionals and could be avoided through a fair and rational transfer policy. The court emphasised that all doctors must share the responsibility of serving in tribal and hard areas, rather than repeatedly burdening a select few.
Court's Directive
The court directed the state government to consider posting the petitioner doctor to a non-tribal station and replace him with a doctor who had not yet served in a tribal area. This ruling underscores the need for equitable distribution of postings in challenging regions.
