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2026 Supreme(Online)(Kar) 32224
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
NC: 2026:KHC:30870
WP No. 24351 of 2023
DATED THIS THE 22ND DAY OF JUNE, 2026
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 24351 OF 2023 (S-KSRTC)
BETWEEN:
NAGARAJ M C
S/O CHIKKAPPA M.C
AGED ABOUT 42 YEARS
R/AT ARBUGATTE VILLAGE
HONNALI TALUK
DAVANAGERE DISTRICT-577 217
…PETITIONER
(BY SRI. M.C. BASAVARAJU, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR,
KSRTC, CENTRAL OFFICES,
K.H. ROAD, SHANTHI NAGAR,
BENGALURU-560027.
2. THE DIRECTOR,
(ESTABLISHMENT AND VIGILANCE)
THE CHAIRMAN
THE COMMITTEE FOR VERIFICATION
OF ALTERNATIVE POST,
KSRTC, CENTRAL OFFICES,
SHANTHI NAGAR,
BENGALURU - 560 027.
3. THE DIVISIONAL CONTROLLER,
KSRTC,
SHIVAMOGGA DIVISION,
SHIVAMOGGA - 577 201.
4. THE PRINCIPAL SECRETARY,
STATE OF KARNATAKA,
DEPARTMENT OF HEALTH AND
FAMILY WELFARE,
M.S. BUILDING, BENGALURU - 560 001.
…RESPONDENTS
(BY SMT. H.R. RENUKA, ADVOCATE FOR R1 TO R3
SMT. MAMATHA SHETTY, AGA FOR R4)
For the Appellants/Petitioners: M.C. Basavaraju
For the Respondents: H.R. Renuka, Mamatha Shetty
The court emphasized that the assignment of light-duty work under the Rights of Persons with Disabilities Act, 2016, requires a reasoned disability certificate that strictly adheres to court-prescribed medical norms for verification.
Headnote:The petitioner approached the court seeking a direction to the respondent-Corporation to assign light work with pay protection under S. 20(4) of the Rights of Persons with Disabilities Act, 2016. The court noted that while a disability certificate was issued, it did not substantially comply with the norms previously prescribed by the Court. The primary issue was whether the petitioner is entitled to light-duty work based on the existing medical certification. The court observed that the current certificate was insufficient and reasoned that a fresh examination by the Medical Disability Board, Victoria Hospital, is necessary to ensure compliance with established medical norms. The Writ Petition is disposed of with directions for the Medical Board to conduct a fresh examination, issue a reasoned certificate in consonance with specified norms, and for the Corporation to decide on the assignment of light-duty work based on said certificate.
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.M.C.Basavaraju, counsel for the petitioner;
Smt.H.R.Renuka, counsel for the respondent Nos.1 to 3 and
Smt.Mamatha Shetty, Additional Government Advocate for
respondent No.4, appeared in person.
2. Though the petition is listed for orders, with consent, it is heard finally.
3. This petition is filed seeking, inter alia, a direction to the respondent-Corporation to assign light work to the petitioner in terms of Section 20(4) of the Rights of Persons with Disabilities Act, 2016, with pay protection, having regard to the facts and circumstances of the case.
4. Counsel for the respective parties urged several contentions. The Court has heard the arguments and perused the papers with care.
5. Pursuant to the medical norms issued by this Court, a disability certificate was issued to the petitioner. However, it is evident from the said certificate that the norms prescribed by this Court have not been substantially complied with. Accordingly, this Court deems it appropriate to direct the petitioner to appear before the Superintendent, Medical Board, Victoria Hospital, on 20.07.2026 at 10:30 a.m., without fail, for fixing a date for examination by the Medical Disability Board, Victoria Hospital.
6. The Writ Petition is, therefore, disposed of with the following observations and directions:
i. The Medical Board shall conduct the examination and issue a reasoned disability certificate within 30 days from the date of such examination, and forward a copy thereof to the respondent-Corporation.
ii. The Medical Board shall issue the disability certificate strictly in consonance with the norms set forth by this Court in W.P.No.8322/2022.
iii. The petitioner shall furnish the disability certificate to the Corporation.
iv. The Corporation shall decide based on the certificate and issue an endorsement to the petitioner.
v. The Corporation shall not take any precipitate action regarding the assignment of light-duty work to the petitioner till they take a decision on the disability certificate.
vi. The Additional Government Advocate shall intimate the Superintendent, Medical Board, Victoria Hospital, regarding the disposal of this petition and the petitioner’s appearance on 20.07.2026.
