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2025 DIGILAW 1875 (KAR)

Maruti S/O. Ramchandra Shetty v. Divisional Controller, Nwkrtc, Dharwad Rural Division

2025-12-15

M.NAGAPRASANNA

body2025
ORDER : M.NAGAPRASANNA, J. 1. Learned counsel appearing for the parties, in unison, would submit that the issue in the lis stands squarely covered by the judgment of the Coordinate Bench of this Court in W.P. No.102082/2024, disposed of on 12 th June 2024, wherein the Coordinate Bench held as follows: 1. The petitioner is before this Court aggrieved by the Communication dated 9.3.2024, produced at Annexure-F, issued by respondent No.1 by which the petitioner was directed to secure disability certificate in Form No.3 stating percentage of the disability. 2. The case of the petitioner is that he was appointed as driver on daily wage basis in the year 1995 by respondent No.1 and that he completed his probationary period on 10.11.1999. Since then, he rendered his service as permanent employee under respondent No.1. It is the further case of the petitioner that he was infected by COVID-2019 and he was admitted to KIMS hospital, Hubballi where he was diagnosed to have been infected with Black Fungus to his mouth. That he was given treatment for a period of one month including undergoing a surgery. As a result of the disease, he has lost all his teeth and that even his gums have been removed. That the petitioner is now unable to consume his regular course of food and he is depending on the liquid diet. In view of his condition, he had made a representation dated 23.9.2021 to respondent authorities requesting them to provide him a lighter job. After examination of the records, respondent No.1 had issued Office Order dated 10.2.2022 providing him a lighter job for a period of one year. That even before the expiry of the said period of one year, the petitioner had requested the respondent authorities to continue in the lighter job as his health condition had not improved. Acting upon the said request, respondent No.1 had issued the Office Order dated 2.3.2023 extending the period by another one year. However, by Communication dated 9.3.2024 produced at Annexure-F, the respondents authorities called upon the petitioner to secure one more medical certificate in the prescribed Form No.III mentioning the percentage of his disability and other details as prescribed. 3. Acting upon the said request, respondent No.1 had issued the Office Order dated 2.3.2023 extending the period by another one year. However, by Communication dated 9.3.2024 produced at Annexure-F, the respondents authorities called upon the petitioner to secure one more medical certificate in the prescribed Form No.III mentioning the percentage of his disability and other details as prescribed. 3. It is the case of the petitioner that he had undergone medical examination before the Medical Board, Dharwad, who had issued disability certificate in Form No.3, dated 22.1.2024 stating that the petitioner is suffering from 45% disability, which is produced at Annexure-G to the writ petition. It is his contention that when Medical Board has already issued a certificate stating that the petitioner is suffering 45% permanent disability, in the light of circular No.5151, issued by the respondents authorities he was not required to furnish a fresh medical certificate. Thus, being aggrieved by the same, the petitioner is before this Court. 4. This Court on 19.4.2024 after hearing the learned counsel for the petitioner and the respondents had directed the petitioner to appear before the District Surgeon, Dharwad in compliance of the Communication dated 9.3.2024 within a period of one month and the District Surgeon, Dharwad was directed to issue a disability certificate in the prescribed format as stated in the Communication produced at Annexure-F. 5. The Registry of this Court has received a Communication dated 01.06.2024, issued by the District Surgeon, District Hospital, Dharwad along with disability certificate in Form No.III, medical report and calculation sheet. Perusal of this disability certificate shows sorry state of affair in the process adopted by the Medical Board in discharge of its statutory obligation. The said certificate does not meet the requirements either of the law or the instructions/guidelines issued by the State in that regard. The said disability certificate, medical report and calculation sheet as sent to this Court are regard. The said disability certificate, medical report and calculation sheet as sent to this Court are scanned herein for immediate reference. 6. It is necessary to note that the purpose of the order directing the medical board to submit a disability certificate in the prescribed format is not far to seek. The Communication produced at Annexure-F, issued by the respondent authorities itself specifically refer to a circular bearing No. MEB(3) 82/2023-24, dated 28.11.2023. 6. It is necessary to note that the purpose of the order directing the medical board to submit a disability certificate in the prescribed format is not far to seek. The Communication produced at Annexure-F, issued by the respondent authorities itself specifically refer to a circular bearing No. MEB(3) 82/2023-24, dated 28.11.2023. The said circular came to be issued pursuant to an order passed by this ‘court in WP No.5622/2022 dated 29.09.2022. The said circular sets down in detail the format of the certificate and the contents thereof to be furnished by the medical board. It is necessary at this juncture also to refer to the said Circular dated 28.11.2023, issued by the department of Health and Family Welfare, Government of Karnataka and the same is scanned herein for the immediate reference; 1. The details of the affected part of body. 2. The manner in which it is affected and the reason by which it has been affected. 3. When the first affliction occurred. 4. The treatment Protocol followed as regards the said ailment/affliction. 5. Diagnosis in simple layman's Language which could be understood by layman including this court and the lawyer appearing. 6. The Further treatment Protocol Suggested and/or Recommended by the Medical Board. 7. The details of the physical Impairment and/or Mental Disability, including the methodology of Calculation of such impairment Disability. 8. The future reassessment of the Disability to be conducted and the time frame in which it has to be conducted. 9. The nature of the work which cannot be performed by such workman with reference to the current employment of the workman i.e., in other words to state whether the work which has been done by the workman, presently at his/her posting could be done by said workman or not. If not what kind of work could done by such workman. 10. Schedule 1 of the workmen's Compensation Act 1923 provides for the percentage of loss of earning capacity on the basis of the injuries caused, the same could also be taken into account by the Medical Board. 7. If not what kind of work could done by such workman. 10. Schedule 1 of the workmen's Compensation Act 1923 provides for the percentage of loss of earning capacity on the basis of the injuries caused, the same could also be taken into account by the Medical Board. 7. From the perusal of the aforesaid circular and the instructions issued thereunder, it is imperative that the medical board shall not only issue the medical certificate in the prescribed form and in a legible condition, but shall also to state whether the concerned employee capable of discharging the assignments given to him by the respondents authorities or not. 8. Learned counsel for the respondents at this juncture hasten to add that in view of the manner in which the certificates are being issued, it has become difficult for the respondents authorities to rely upon the credibility of the certificates, as the same do not comply with the requirements of law. He further submits that necessary directions in this regard should be warranted to the medical board to issue certificate in the prescribed form such that undeserving cases may be meted out. 9. This Court is in agreement that there is considerable forced in the submissions made by the learned counsel for the respondents. 10. As noted above, despite there being a specific directions issued by this Court to issue certificates in the prescribed format and despite there being a Circular dated 28.11.2023, issued by the the department of Health and Family Welfare, Government of Karnataka , the medical board seem to have not paid attention to manner and failed to furnish details required to be mentioned in the medical certificate in a legible manner and in the language understandable by common man. 11. It is necessary at this juncture to refer Section 57 of the Rights of Persons with Disabilities Act, 2016 provides designation of certifying authorities which reads as under: “57. Designation of certifying authorities.—(1) The appropriate Government shall designate persons, having requisite qualifications and experience, as certifying authorities, who shall be competent to issue the certificate of disability. (2) The appropriate Government shall also notify the jurisdiction within which and the terms and conditions subject to which, the certifying authority shall perform its certification functions.” 12. Section 58 of the Act, lays down the procedure for certification: “58. (2) The appropriate Government shall also notify the jurisdiction within which and the terms and conditions subject to which, the certifying authority shall perform its certification functions.” 12. Section 58 of the Act, lays down the procedure for certification: “58. Procedure for certification.—(1) Any person with specified disability, may apply, in such manner as may be prescribed by the Central Government, to a certifying authority having jurisdiction, for issuing of a certificate of disability. (2) On receipt of an application under sub-section (1), the certifying authority shall assess the disability of the concerned person in accordance with relevant guidelines notified under section 56, and shall, after such assessment, as the case may be,— (a) issue a certificate of disability to such person, in such form as may be prescribed by the Central Government; (b) inform him in writing that he has no specified disability. (3) The certificate of disability issued under this section shall be valid across the country.” 13. Section 59 of the Act provides for appeal against the decision of the certifying authorities, which reads as follows: “59. Appeal against a decision of certifying authority.—(1) Any person aggrieved with decision of the certifying authority, may appeal against such decision, within such time and in such manner as may be prescribed by the State Government, to such appellate authority as the State Government may designate for the purpose. (2) On receipt of an appeal, the appellate authority shall decide the appeal in such manner as may be prescribed by the State Government.” 14. Also relevant to note, Rules 17 and 18 of the Rights of Persons with Disabilities Rules, 2017 which, read as under: “17. (2) On receipt of an appeal, the appellate authority shall decide the appeal in such manner as may be prescribed by the State Government.” 14. Also relevant to note, Rules 17 and 18 of the Rights of Persons with Disabilities Rules, 2017 which, read as under: “17. Application for certificate of disability.- (1) Any person with specified disability may apply in Form -IV for a certificate of disability and submit the application to - (a ) a medical authority or any other notified competent authority to issue such a certificate in the district of residence of the applicant as mentioned in the proof of residence in the application; or (b) the concerned medical authority in a government hospital where he may be undergoing or may have undergone treatment in connection with his disability: Provided that where a person with disability is a minor or suffering from intellectual disability or any other disability which renders him unfit or unable to make such an application himself, the application on his behalf may be made by his legal guardian or by any organisation registered under the Act having the minor under its care. (2) The application shall be accompanied by - (a ) proof of residence; (b) two recent passport size photographs; and (c ) aadhaar number or aadhaar enrollment number, if any. 18. Issue of certificate of disability.- (1) On receipt of an application under rule 17, the medical authority or any other notified competent authority shall, verify the information as provided by the applicant and shall assess the disability in terms of the relevant guidelines issued by the Central Government and after satisfying himself that the applicant is a person with disability, issue a certificate of disability in his favour in Form V, VI and VII, as the case may be. (2) The medical authority shall issue the certificate of disability within a month from the date of receipt of the application. (3) The medical authority shall, after due examination - (i) issue a permanent certificate of disability in cases where there are no chances of variation of disability over time in the degree of disability; or (ii) issue a certificate of disability indicating the period of validity, in cases where there is any chance of variation over time in the degree of disability. (4) If an applicant is found ineligible for issue of certificate of disability, the medical authority shall convey the reasons to him in writing under Form VIII within a period of one month from the date of receipt of the application. (5) The State Government and Union territory Administration shall ensure that the certificate of disability is granted on online platform from such date as may be notified by the Central Government.” 15. The guidelines extracted hereinabove by the Department of Health and Family Welfare, Government of Karnataka appears to be in consonance with the statutory requirement contemplated while issuing certificate of disability. 16. Viewed in the light of aforesaid legal provisions, the certificate issued by the Medical Board clearly falls short of the said requirement. Needless to state that the medical board contemplated under the Act and the Rules referred to above is vested with the statutory obligation of discharging its duty judiciously. In other words, it should bear in mind the for reaching consequences of certificates being issued by it. Therefore, it is expected that when the certificate is being sought particularly by an employee of the State and its instrumentalities, the Medical Board should strictly adhere to the guidelines/circulars extracted hereinabove. 17. In the instant case, counsel for the respondent fairly submits that the petitioner appears to have suffered permanent disability and for now they would continue to place him to discharge lighter job as has been already done and if need be and if there is any progress, they would seek for any further assessment as his medical condition. Submission taken on record. 18. Needless to state that in the cases where the respondent-Authorities are not convinced with the medical certificates issued or they are aggrieved by the issuance of such certificates, a statutory remedy of filing the appeal under Section 59 of the Act can be availed. 19. With the above observation, writ petition is allowed. 20. The respondents shall ensure the petitioner be given lighter job and his attendance and other benefits to be provided without causing any impediment forthwith. 21. Registry is directed to send the copy of this order to the Health and Family Welfare Department, Government of Karnataka, who shall circulate the same to all the medical boards appointed by the state under the Act. Pending IAs. do not survive for consideration and the same are disposed of. 2. 21. Registry is directed to send the copy of this order to the Health and Family Welfare Department, Government of Karnataka, who shall circulate the same to all the medical boards appointed by the state under the Act. Pending IAs. do not survive for consideration and the same are disposed of. 2. It needless to observe that the Medical Board now constituted, before whom the petitioner is directed to appear, shall in the appropriate forum as the last chance today issue a certificate in the prescribed printed form and make it known to the petitioners in an understandable language. 3. In view of the issue standing covered on all fours by the judgment of the Co-ordinate Bench referred to supra, and for the very same reasons, the subject petition also stands disposed of.