Himachal HC slams govt for not issuing appointment letters to selected doctors

The Himachal High Court has directed Health Secretary M Sudha Devi to file a personal affidavit, explaining the reasons for the noncompliance of its order and the non-issuance of appointment letters to doctors selected in a walk-in interview.

A Division Bench comprising Justice Vivek Singh Thakur and Justice Sushil Kukreja passed the order after hearing the petition of Dr Aishwarya Thakur and other doctors. The applicant doctors are waiting for the compliance of the High Court orders for the past six months.

‘Adverse orders’ may follow

• The main matter was decided on November 17, 2022, with direction to the Health Department to offer appointment letters to the petitioners within two weeks from the date of the receipt of the copy of the order
• The High Court cautioned the Health Secretary that the judgment was passed six months ago and if a personal affidavit with reasons for its non-compliance is not be filed by May 27, adverse orders may follow

It was contended in the petition that the main matter was decided on November 17, 2022, with direction to the Health Department to offer appointment letters to the petitioners within two weeks from the date of the receipt of the copy of the order. The court had disposed of the petition and directed the matter to be listed for compliance on December 30, 2022.

On the request of the state, the time for filing a compliance report was extended and the matter was adjourned on various dates. On April 6, 2023, an Additional Advocate General had submitted before the High Court that the state was going to file a special leave petition (SLP) before the Supreme Court against the High Court orders. So, this request was being made on behalf of the state government to adjourn the matter.

While directing the Health Secretary to file a personal affidavit, the court observed, “The judgment in the present case was passed in November 2022 and thereafter the matter was listed on various dates for compliance. Till date, the court orders have not been complied with. Unless the Supreme Court stays the judgment or sets it aside, the respondents are bound to obey it and ensure its compliance in a time-bound manner. It is not a case where sufficient time has not been given to the respondents to avail of an appropriate remedy before implementing the order.”

The court also cautioned the Health Secretary that if an affidavit with reasons is not be filed by May 27, adverse orders may follow. The court observed, “It is made clear that a mere proposal for an SLP before the Supreme Court shall not be a valid reason for non-implementation of the judgment passed in November 2022, i.e. about six months ago.” Tribune India