The Medical Board is required to adhere to statutory guidelines when issuing disability certificates, prioritizing existing valid certificates over redundant requests.

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. 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 disabili