1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5861 of 2010 alongwith CWP No.5862 of 2010. Date of decision: 22.9.2010 1. CWP No.5861 of 2010 Dr. Neelinder Dheer vs. State of H.P. and others 2. CWP No.5862of 2010 Dr. Iqbal Singh vs. State of H.P. and others ___________________________________________________________ Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner(s) : Mr. Lovneesh Kanwar, Advocate. For the Respondents : Mr. R.K.Bawa, Advocate General with Mr. J.K. Verma, Dy. Advocate General Justice Kurian Joseph, C.J. (Oral) These writ petitions have been filed with the following prayers:- CWP No.5861 of 2010. “(a) That this Hon’ble Court be pleased to issue a writ of Certiorari quashing the order dt. 14.9.2010, Annexure P-4. (b) That the Hon’ble court be pleased to issue a writ of mandamus directing the respondents to allow the petitioner to work as Resident Doctor in the Department of Plastic surgery at IGMC. CWP No.5862 of 2010. “(a) That this Hon’ble Court be pleased to issue a writ of Certiorari quashing the order dt. 14.9.2010, Annexure P-5. 2 (b) That the Hon’ble court be pleased to issue a writ of mandamus directing the respondents to allow the petitioner to work as Resident Doctor in the Department of Anaesthesia at IGMC.” 2. According to the writ petitioners, once they have been engaged as Resident Doctors, they have to work for a minimum period of six months since they have also signed contract for six months. There is also a case that even otherwise they can be continued for a period of three years as well. The learned Advocate General has furnished instructions, dated 21.9.2010, from the Government, which reads as follows:- “I am directed to refer to the subject cited above and to say that the present petitioner has been transferred from Indira Gandhi Medical College, Shimla to Civil Hospital, Jubbal, Distt. Shimla vide Notification dated 14.9.2010. At present the petitioner is working as Resident Doctor under the H.P. Medical Education Department and is posted at Indira Gandhi Medical College, Shimla. It is submitted here that the establishment of the Doctors in the Health Department is dealt with at the Secretariat level to ensure that doctors are available in the field throughout the State. So far as appointing of Resident doctors in Medical Colleges is concerned the same is done by the Principals of the Medical Colleges after obtaining No Objection Certificate from the Director Health Services. However, it is the responsibility of the State Government to ensure that sufficient adequate number of Health Officers are available throughout the State and as such keeping in view this fact and the fact that there is an 3 acute shortage of Medical Officers throughout the State, the State Government has passed the impugned order.” 3. Apparently, this whole confusion has occurred owing to the communication gap and on account of improper coordination between the various departments/agencies. Be that as it may, now the petitioners are entitled to have a minimum tenure of six months and since their services are required at IGMC, Shimla, we dispose of the aforesaid petitions making it clear that at least for a period of six months, the petitioners shall not be disturbed from the present posting as Resident Doctors. Copy dasti (Justice Kurian Joseph) Chief Justice September 22, 2010 (Justice Kuldip Singh), Judge. (sks/pankaj)