Court Says Repeated Tribal Postings for Select Doctors Can Create “Discord” in Medical Fraternity
The Himachal Pradesh High Court has raised serious concerns over the alleged discriminatory transfer policy adopted by the state health department for doctors, questioning why some medical professionals are repeatedly posted in difficult tribal regions while others avoid such assignments throughout their careers.
The observations came during the hearing of 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 region between January 2020 and November 2022 before leaving for postgraduate studies. After completing his course, he was once again assigned to a tribal posting, prompting him to move the court.
“Doctors Cannot Serve With Full Devotion if Treated Unfairly”
A bench headed by Justice Ajay Mohan Goel observed that discrimination in postings can adversely affect the morale and mental state of doctors.
“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,” the bench remarked.
Court Finds Some Doctors Never Served in Tribal Areas
During the hearing, the court examined records submitted by the health department and reportedly found that several doctors posted in comparatively comfortable stations had never served in tribal regions.
According to the court observations:
- Dr Chakarborthy, posted at Civil Hospital Dalhousie, allegedly never served in a tribal area.
- Dr Swati Saha of Zonal Hospital Dharamshala has reportedly been serving there since 2017 and is due to retire on December 31.
- Dr Sheily Sharma has allegedly been posted at Civil Hospital Fatehpur since 2011 without any tribal deployment.
The bench noted that these records indicated apparent favouritism in the transfer system.
HC Says Transparent Transfer Policy Necessary
“It is evident that some doctors are being favoured by the department,” the court observed while questioning the rationale behind repeatedly sending the same doctors to remote tribal areas.
The high court stressed that a transparent and fair transfer policy is essential to maintain motivation among healthcare professionals. The bench warned that such “blatant discrimination” could create discord within the medical fraternity.
The court further observed that responsibility for serving in tribal and hard areas should be shared equally among doctors and not imposed repeatedly on a select few.
State Govt Asked to Reconsider Posting
The court has directed the state government to consider transferring the petitioner to a non-tribal station and instead deploy a doctor who has not previously served in tribal regions.
The matter has once again brought attention to the challenges faced by doctors posted in remote and difficult terrains and the need for a balanced and equitable transfer mechanism in the public healthcare system.
