Karnataka High Court
Sri Ahammad Ali S/O Babulal Peerjade vs The Managind Director on 29 January, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:1768
WP No. 100490 of 2025
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 100490 OF 2025 (S-KSRTC)
BETWEEN:
SRI. AHAMMAD ALI S/O. BABULAL PEERJADE,
AGE. 54 YEARS, OCC. DRIVER-CUM-CONDUCTOR,
NO. 854/4855 AT DEPOT NO.1,
NWKRTC BELAGAVI, DIVISION BELAGAVI,
R/O. TIPPUSULTAN GALLI, NO. 674, BALEKUNDRI,
BELAGAVI, DIST. BELAGAVI- 591103.
...PETITIONER
(BY SRI. M.S. HARAVI, ADVOCATE)
AND:
1. THE MANAGIND DIRECTOR,
NORTH WEST KARNATAKA ROAD,
TRANSPORT CORPORATION,
CENTRAL OFFICE, GOKUL ROAD,
HUBBALLI, DISTRICT. DHARWAD- 580009.
2. THE DIVISIONAL CONTROLLER,
NORTH WEST KARNATAKA ROAD TRANSPORT
CORPORATION, BELAGAVI DIVISION,
Digitally signed by BELAGAVI, DIST. BELAGAVI- 590010.
VISHAL NINGAPPA
PATTIHAL
Location: High 3. THE DEPOT MANAGER,
Court of Karnataka,
Dharwad Bench NORTH WEST KARNATAKA ROAD TRANSPORT
CORPORATION, BELAGAVI,
DEPOT NO. 1, BELAGAVI- 590010.
...RESPONDENTS
(BY SRI PRASHANT S. HOSAMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE WRIT, ORDER OR
DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE
ENDORSEMENT BEARING NO. VAAKARASAA/BEVI/SIBBANDI/D-1/2703
DATED. 03-12-2024 ISSUED BY THE 2ND RESPONDENT AS PER
ANNEXURE-G. ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE
-2-
NC: 2025:KHC-D:1768
WP No. 100490 of 2025
SERVICE OF THE PETITIONER IN THE ALTERNATIVE POST AT 3RD
RESPONDENT DEPOT FORTHWITH.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court, seeking the following prayer:
"1. To issue writ, order or direction in the nature of certiorari to quash the endorsement bearing No. vaakarasaa/bevi/sibbandi/d-1/2703 dated 03-12-2024 issued by the 2nd respondent as per Annexure-G.
2. to issue writ, order or direction in the nature of mandamus directing the respondents to continue the service of the petitioner in the alternative post at 3rd respondent depot forthwith."
2. In identical circumstances, this Court following the judgment rendered by the Coordinate Bench in W.P.No.102218/2024 disposed on 09.01.2025, held as follows:
"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-
NC: 2025:KHC-D:1768 WP No. 100490 of 2025
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 -4- NC: 2025:KHC-D:1768 WP No. 100490 of 2025 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) Middle
(vii) Primary
(viii) Non-literate (8) Occupation _______________________________________ (9) Identification marks (i) ____________ (ii) ______________ (10) Nature of disability :
(11) Period since when disabled: From Birth//since year __________ -5- NC: 2025:KHC-D:1768 WP No. 100490 of 2025 (12) (i) Did you ever apply for issue of a certificate of disability in the past ________ yes/no
(ii) If yes, details:
(a) Authority to whom and district in which applied ________
(b) Result of application ______________________________ (13) Have you ever been issued a certificate of disability in the past?
If yes, please enclose a true copy.
Declaration: I hereby declare that all particulars stated above are true to the best of my knowledge and belief, and no material information has been concealed or misstated. I further state that if any inaccuracy is detected in the application, I shall be liable to forfeiture of any benefits derived and other action as per law.
___________________ (Signature or left thumb impression of person with disability, or of his/her legal guardian in case of persons with intellectual disability, autism, cerebral palsy and multiple disabilities, etc) Date :
Place:
Enclosures:
1. Proof of residence (Please tick as applicable).
(a) ration card,
(b) voter identity card,
(c) driving license,
(d) bank passbook,
(e) PAN card,
(f) passport,
(g) telephone, electricity, water and any other utility bill indicating
the address of the applicant,
(h) a certificate of residence issued by a Panchayat, municipality,
cantonment board, any gazetted officer, or the concerned
Patwari or Head Master of a Government school,
(i) in case of an inmate of a residential institution for persons with
disabilities, destitute, mentally ill, and other disability, a
certificate of residence from head of such institution.
2. Two recent passport size photographs
-----------------------------------------------------------------------------
(For office use only) Date:
Place:
Signature of issuing authority Stamp -6- NC: 2025:KHC-D:1768 WP No. 100490 of 2025 FORM-V Certificate of Disability (In cases of amputation or complete permanent paralysis of limbs or dwarfism and in case of blindness) [See rule 18(1)] (Name and Address of the Medical Authority issuing the Certificate) Recent passport size attested photograph (Showing face only) of the person with disability.
Certificate No. Date:
This is to certify that I have that I have carefully examined Shri/ Smt./ Kum. _______________ son/wife/daughter of Shri _________________ Date of Birth (DD/MM/YY) ____________ Age ______ years, male/ female _______________ registration No. _________ permanent resident of House No. ___________ Ward/Village/Street _________________ Post Office ___________ District __________ State ________, whose photograph is affixed above, and am satisfied that:
(A) he/she is a case of:
• locomotor disability • dwarfism • blindness (Please tick as applicable) (B) the diagnosis in his/her case is __________________ (A) he/she has ________ % (in figure) ________________ percent (in words) permanent locomotor disability/dwarfism/blindness in relation to his/her ______ (part of body) as per guidelines(.....number and date of issue of the guidelines to be specified).
2. The applicant has submitted the following document as proof of residence:-
Nature Document of Date of Issue Details of authority issuing certificate (Signature and Seal of Authorized Signatory of notified Medical Authority) Signature/thumb impression of the person in whose favour certificate of disability is issued -7- NC: 2025:KHC-D:1768 WP No. 100490 of 2025 Form - VI Certificate of Disability (In cases of multiple disabilities) [See rule 18(1)] (Name and Address of the Medical Authority issuing the Certificate) Recent passport size attested photograph (Showing face only) of the person with disability.
Certificate No. Date:
This is to certify that we have carefully examined Shri/Smt./Kum. _____ son/ wife/ daughter of Shri ___________ Date of Birth (DD/MM/YY) _______________ Age___________ years, male/female ______________.
Registration No. _______________permanent resident of House No. ____________ Ward/Village/Street ____________ Post Office ____________ District ___________ State __________, whose photograph is affixed above, and am satisfied that:
(A) he/she is a case of Multiple Disability. His/her extent of permanent physical impairment / disability has been evaluated as per guidelines (............number and date of issue of the guidelines to be specified) for the disabilities ticked below, and is shown against the relevant disability in the table below:
Sl. Disability Affected Diagnosis Permanent No part physical body of impairment/mental disability (in %)
1. Locomotor disability
2. Muscular Dystrophy
3. Leprosy cured
4. Dwarfism
5. Cerebral Palsy
6. Acid attack Victim
7. Low vision
8. Blindness
9. Deaf
10. Hard of Hearing
11. Speech and Language disability
12. Intellectual Disability -8- NC: 2025:KHC-D:1768 WP No. 100490 of 2025
13. Specific Learning Disability
14. Autism Spectrum Disorder
15. Mental illness
16. Chronic Neurological Conditions
17. Multiple sclerosis
18. Parkinson's disease
19. Haemophilia
20. Thalassemia
21. Sickle Cell disease (B) In the light of the above, his/her over all permanent physical impairment as per guidelines (......number and date of issue of the guidelines to be specified), is as follows : -
In figures : - ------------------ percent In words :- ------------------------------------------------------- percent
2. This condition is progressive/non-progressive/likelyto improve/not likely to improve.
3. Reassessment of disability is :
(i) not necessary, or
(ii) is recommended/after ...........years ..........months, and therefore this certificate shall be valid till ----- ----- -
-----
(DD)(MM)(YY) @ e.g. Left/right/both arms/legs # e.g. Single eye £ e.g. Left/Right/both ears
4. The applicant has submitted the following document as proof of residence:-
Nature of document Date of issue Details of authority issuing certificate
5. Signature and seal of the Medical Authority.
Name and Seal of Name and Seal of Name and Seal of the Member Member Chairperson Signature/thumb impression of the person in whose favour certificate of disability is issued.
-9-NC: 2025:KHC-D:1768 WP No. 100490 of 2025 FORM-VII Certificate of Disability (In cases other than those mentioned in Forms-V & VI) (Name and Address of the Medical Authority issuing the Certificate) [See Rule 18(1)] Recent Passport size Attested Photograph (Showing face only) Of the Person with Disability Certificate No. Date :
This is to certify that I have carefully examined Shri/Smt/Ms._____________son/wife/daughter of Shri _____________ Date of Birth (DD/MM/YY) _________Age____________ years, male/female _________ Registration No._________ permanent resident of House No.__________,Ward/Village/Street__________Post Office ____________ District ___________ State __________, whose photograph is affixed above and am satisfied that he/she is a case of ___________ Disability. His/Her extent of percentage physical impairment/disability has been evaluated as per guidelines (____ number and date of issue of the guidelines to be specified) and is shown against the relevant disability in the table below:-
Sl. Disability Affected Diagnosis Permanent physical No part impairment/mental body of disability (in %)
1. Locomotor disability
2. Muscular Dystrophy
3. Leprosy cured
4. Cerebral Palsy
5. Acid attack Victim
6. Low vision
7. Deaf
8. Hard of Hearing
9. Speech and Language disability
10. Intellectual Disability
11. Specific Learning Disability
12. Autism Spectrum Disorder
- 10 -
NC: 2025:KHC-D:1768 WP No. 100490 of 2025
13. Mental illness
14. Chronic Neurological Conditions
15. Multiple sclerosis
16. Parkinson's disease
17. Haemophilia
18. Thalassemia
19. Sickle Cell disease (Please strike out the disabilities which are not applicable)
2. The above condition is progressive / non-progressive / likely to improve / not likely to improve.
3. Reassessment of disability is:
i) not necessary, or
ii) is recommended / after ________ years ________ months, and therefore, this certificate shall be valid till ___(DD) ____(MM)_____(YY).
@ e.g. Left / Right / Both Arms / Legs # e.g. Single Eye £ e.g. Left / Right / Both Ears
4. The applicant has submitted the following document as proof of residence:-
Name of Document Date of Issue Details of Authority issuing Certificate (Authorised Signatory of Notified Medical Authority) (Name & Seal) Countersigned {Countersignature & Seal of the Chief Medical Officer / Medical Superintendent / Head of Government Hospital, in case the Certificate is issued by a Medical Authority who is not a Government Servant (with Seal)} Signature / thumb impression of the person in whose favour certificate of disability is issued Note : In case this certificate is issued by a Medical Authority, who is not a Government Servant, it shall be valid only if Countersigned by the Chief Medical Officer of the District.
- 11 -
NC: 2025:KHC-D:1768 WP No. 100490 of 2025
15. Thus, from the above, it is clear that the concerned Department and the concerned Authorities under the Act are completely oblivious of the change in the Act and the Rules and are continuing to issue certificates in the Old Format that is Form III prescribed under the repealed Act and Rules.
16. Viewed in the light of aforesaid legal provisions, the certificate issued by the Medical Authority clearly falls short of the said requirements.
Needless to state that the Medical Authority contemplated under the Act and the Rules vested with the statutory obligation is required to bear in mind the far 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 Authority should strictly adhere to the guidelines/circulars extracted hereinabove.
17. In the instant case, counsel for the respondents 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, 2016 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."
4. The petition is disposed off on the same terms of what the Coordinate Bench has directed in the subject petition, the petitioner to subject himself to medical examination with regard to
- 12 -
NC: 2025:KHC-D:1768 WP No. 100490 of 2025 his disability. As a matter of form, the impugned order stands quashed. "
3. The learned counsel appearing for the respondents would not dispute what is held by this Court quoted supra.
4. In that light, petition deserves to succeed with the same relief.
Sd/-
(M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 45