No deputation of docs without consent: HC

Legal Correspondent

Shimla, July 16

The HP High Court has restrained the state government from sending doctors on deputation to other medical colleges without their consent. A Division Bench comprising Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel passed the interim order on a petition filed by four doctors challenging the deputation scheme of the government.

The court restrained the government from deputing the four doctors to other medical colleges without their consent. It also issued notices to the Health Secretary, Director of Medical Education and the Principal of Tanda medical college and sought their replies. The matter was listed for further hearing on August 24.

After preliminary hearing in the matter, the court observed that the proposed deputation of the petitioners, as per the notification issued on April 15, 2020, was in violation of the orders of the Supreme Court, which mandates taking the consent of the petitioners for deputation.

The petitioners alleged that the government was transferring doctors working in Tanda medical college in Kangra, and Indira Gandhi Medical College, Shimla, on deputation to newly established medical colleges without taking their consent. They told the court that on June 7, 2008, the state government had separated the academic cadre of the Tanda medical college and the Indira Gandhi Medical College (IGMC) in Shimla. The petitioners were adjusted in the academic cadre of the Tanda medical college.

On November 17, 2018, the government opened four new medical colleges. It planned to fill the posts in the academic cadre in these colleges by sending doctors working in the Indira Gandhi Medical College in Shimla and the Tanda medical college on deputation till regular postings were made. The petitioners urged the court to quash the deputation scheme of the government.