Court Directs Health Department to Rationalize Postings and Prevent Discrimination Against Doctors
In a significant judgment passed by the Himachal Pradesh High Court on May 13, 2026, Justice Ajay Mohan Goel addressed the issue of discriminatory posting practices of doctors in tribal areas. The case, "Dr. Baseem Akram v. State of H.P.," involved a petition by Dr. Baseem Akram, who contended that he was subjected to repeated postings in tribal areas while other doctors evaded such assignments.
The court examined the practices of the Health Department and observed that some doctors, despite long tenures, had never served in tribal areas. Specific instances cited included Dr. Chakarborthy, posted in Civil Hospital Dalhousie, and Dr. Swati Saha, who has been serving in Zonal Hospital Dharamshala since 2017. The court noted that such practices amounted to discrimination, affecting the morale and mental state of doctors, thereby impacting their ability to serve patients effectively.
Justice Goel emphasized the noble nature of the medical profession and the necessity for doctors to work without grievances that could hinder their dedication to patient care. He urged the Health Department to implement an equitable posting policy, ensuring that all doctors, without exception, serve in tribal areas at some point in their careers.
In his judgment, Justice Goel directed the Health Department to reassign Dr. Baseem Akram to a non-tribal station and rationalize the postings to prevent further discrimination. The court set a deadline for compliance, expecting the Health Department to present a revised posting order by June 2, 2026.
This decision underscores the importance of fairness and equality in employment practices within the public health sector, particularly in challenging and underserved areas. The judgment is expected to set a precedent for similar cases and prompt the Health Department to re-evaluate its current posting policies.
Bottom Line:
Equitable posting policy for doctors in tribal areas - Repeated posting of the same doctors in tribal areas while others evade such assignments amounts to discrimination.
Statutory provision(s): Service law.
Dr. Baseem Akram v. State of H.P., (Himachal Pradesh) : Law Finder Doc id # 2902414
