Back
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M. NAGAPRASANNA
Maruti S/O. Ramchandra Shetty – Appellant
Versus
Divisional Controller, Nwkrtc, Dharwad Rural Division – Respondent
| Table of Content |
|---|
| 1. overview of petition and background (Para 1 , 2) |
| 2. challenge to medical certificate requirement (Para 3) |
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 12th 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 inclu
The Medical Board is required to adhere to statutory guidelines when issuing disability certificates, prioritizing existing valid certificates over redundant requests.
The statutory disability certificate issued under the Rights of Persons with Disabilities Act prevails over general medical assessments, ensuring the rights of individuals with disabilities in public....
Proper examination and adherence to guidelines for granting disability certificates are crucial, especially in the context of admission to medical courses.
The court affirmed the importance of valid disability certificates and the necessity of adhering to established benchmarks for disability in employment decisions.
The court held that a competent authority's disability assessment cannot be altered by another board, and reliance on incomplete medical reports for disqualification is arbitrary.
The Appellate Medical Board's assessment should be given sanctity, and challenges to the constitution of the Special Medical Board should be raised in the writ petition. The State has a duty to make ....
The central legal point established in the judgment is the need for vigilance and proper identification of persons with disabilities, emphasizing the rights and empowerment of persons with disabiliti....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
