Shimla, June 19,
In a significant development concerning medical education infrastructure in Himachal Pradesh, the High Court on Tuesday directed the state government to take the proposal of creating the Department of Immunohematology and Blood Transfusion in various government medical colleges to its “logical end” within six months. The Court noted that the absence of such departments contravenes guidelines set by the National Medical Commission (NMC), adversely affecting students and healthcare standards.
The order was passed by Justice Sandeep Sharma while disposing of Writ petition (CWP) filed by Dr. Richa Gupta. The petitioner had approached the Court seeking the creation and filling of the post of Assistant Professor in the Department of Immunohematology and Blood Transfusion at Dr. Y.S. Parmar Government Medical College, Nahan. However, during the hearing, the petitioner’s counsel, Vishwa Bhushan, submitted that the petitioner would be satisfied if the Court issued directions to create the department and the said post across all state-run medical colleges.
Taking note of communications placed on record, including a letter dated October 30, 2024, issued by the Special Secretary (Health) calling for proposals to establish the department in medical colleges at Mandi, Hamirpur and Chamba, the Court held that the matter deserved urgent attention.
Justice Sandeep Sharma observed, “It cannot be disputed that the Department of Immunohematology and Blood Transfusion is very much essential in a Medical College.” He further said, “Though this Court is fully alive to the situation that it is the sole prerogative of the Government to create infrastructure or Department in a College or Department concerned, having taken note of the urgency in the matter, where NMC guidelines themselves provide for creation of the Department… this Court has issued aforesaid direction.”
The judgment refers to a March 11, 2025 communication from the Principal of Shri Lal Bahadur Shastri Government Medical College, Mandi, to the Director of Medical Education & Research, stating that the Blood Bank currently operates under the Department of Pathology, but as per NMC norms from 2021, the nomenclature should be changed to the Department of Immunohematology and Blood Transfusion, and at least one post of Assistant Professor must be created for its smooth functioning.
The Court clarified that while it could not direct the promotion of the petitioner to the desired post due to legal constraints established in the earlier ruling in Dr. Nitika Verma vs. State of H.P., the larger issue of departmental creation fell within its jurisdiction under constitutional mandates.
The Court directed the government to expedite the creation process and file a compliance report two weeks after the six-month period ends. “Ultimately students studying in afore Colleges are not made to suffer on account of non-compliance of guidelines issued by NMC,” the judge noted, emphasizing that any delay would amount to administrative omission.
With this, the petition was disposed of, marking a potential turning point in ensuring the standardization of medical education in the state.
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