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2025 Supreme(Online)(KAR) 160
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
MR. JUSTICE M.NAGAPRASANNA, J
Mahmad Rafi S/o. Babulal Bagawan – Appellant
Versus
Managing Director, North West Karnataka Road Transport – Respondent
WRIT PETITION NO.102218 OF 2024 (S-KSRTC)
Advocate Appeared:
For the Appellant :SRI M. S. HARAVI, ADVOCATE
For the Respondent:SRI PRASHANT S. HOSAMANI, ADVOCATE
The court emphasized the necessity for compliance with updated disability certification guidelines and ruled against mandatory surgery for the petitioner, advocating for alternative employment.
Headnote:(A) The Rights of Persons with Disabilities Act, 2016 - Sections 59 and 102 - The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Repealed - The petitioner, suffering from 50% permanent locomotor disability, challenged the order directing surgery, seeking alternative employment instead. The court followed a previous ruling, emphasizing adherence to updated certification processes under the Act, 2016. (Paras 11, 15, 19)
(B) Medical Certification - The Medical Authority must comply with current guidelines for issuing disability certificates, as the continued use of outdated forms undermines statutory obligations. (Paras 13, 15)
Facts of the case:
The petitioner, with 50% permanent locomotor disability, contested an order mandating surgery, arguing for alternative employment instead. The court noted the Medical Authority's failure to issue certificates per the updated Act and Rules.
Findings of Court:
The court ruled that the petitioner should not be required to undergo surgery and should be assigned a lighter job, quashing the previous order.
Issues: The main issues were the appropriateness of the surgery directive and the need for compliance with current disability certification processes.
Ratio Decidendi: The court held that the Medical Authority must adhere to the updated guidelines for disability certification, and the petitioner should be accommodated with a lighter job without surgery.
Result: Writ petition allowed.
| Table of Content |
|---|
| 1. petitioner with disability challenges surgery (Para 1) |
| 2. counsel for petitioner argues for lighter job (Para 2) |
| 3. court follows previous ruling on disability (Para 3) |
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court, calling in question the order, dated 18.01.2024, by which the petitioner who suffers from 50% permanent locomotor disability is directed to undergo surgery.
2. Heard the learned counsel Shri M.S. Haravi appearing for the petitioner and the learned counsel Shri Prashant S.Hosamani appearing for respondent Nos.1 to 3.
3. The issue in the lis is with regard to grant of an alternative job or a lighter job to the persons, who suffer permanent disability and are employed in the Corporation. The issue need not detain this Court for longer or dwell deep into the matter. A Co-ordinate Bench of this Court in an identical circumstance has elaborately considered the issue and rendered certain directions in W.P. No.102082/2024, I deem it appropriate to follow the said order and grant the same benefit to the present petitioner except observing that the petitioner shall not be directed to undergo any surgery as is directed in the impugned order. The Coordinate Bench has held as follows:
“10. As noted above and despite there being a specific direction issued by this Court to issue certificates in prescribed format, despite there being Circular dated 28.11.2023, issued by the Department of Health and Family Welfare, Government of Karnataka, the Medical Authority seems to have not paid attention to the same and has failed to furnish details required to be mentioned in the medical certificate in a legible manner and in the language understandable by a common man.
11. Necessary to note that The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as, ‘the Act, 1995’) has been repealed in terms of Section 102 of The Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as, ‘the Act, 2016’). Chapter X of the Act, 2016 deals with Certification of Specified Disabilities.
12. The Rights of Persons with Disabilities Rules, 2017 (hereinafter referred to as, ‘the Rules, 2017’) have been promulgated in place of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996.
13. Rules 17 and 18 of the Rules, 2017 provide for filing of application for certificate of disability in Form No. IV and issuance of certificate of disability in Form Nos. V, VI and VII as the case may be by the Medical Authority. The said Forms have been adopted by the Karnataka State Government in terms of Rules 14 and 15 of the Karnataka State Rights of Persons with Disabilities Rules, 2019 published on 30.08.2019. Despite the Act, 2016 and the Rules 2017 being in place as above, the Medical Authority is continuing to issue the Medical Certificate as per Form No.III which was provided under the Repealed Act, 1995 and Repealed Rules, 1996.
14. For the immediate perusal, the prescribed Form Nos. IV, V, VI & VI of application, of disability certificates are reproduced hereunder for immediate perusal:
FORM- IV
Application for Obtaining Certificate of Disability by Persons with Disabilities
[See rule 17(1)]
(1)Name: _____________ _________________ _________________
(Surname) (First Name) (Middle Name)
(2) Father's Name: ____________ Mother's Name: ____________
(3) Date of Birth : __________/____________/_____________
(Date) (Month) (Year)
(4) Age at the time of application : ___________________ years
(5) Sex: Male/Female/Transgender__________________
(6) Address:
(a) Permanent address (b) Current Address (i.e. for communication)
_______________ __________________ _______________ __________________
(c) Period since when residing at current address ________________
(7) Educational Status (please tick as applicable)
(i) Post Graduate
(ii) Graduate
(iii) Diploma
(iv) Higher Secondary
(v) High School
(vi) Mi
