Kerala High Court
Mohammed Rafeeque vs The Kerala State Road Transport ... on 10 August, 2003
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
THURSDAY, THE 4TH DAY OF OCTOBER 2012/12TH ASWINA 1934
WP(C).No. 20583 of 2012 (W)
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PETITIONER:
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MOHAMMED RAFEEQUE,
S/O.MOHAMMED ALI, KALIYEKKAL HOUSE, POST PONMUNDAM
TIRUR-676 106, MALAPPURAM DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS:
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1. THE KERALA STATE ROAD TRANSPORT CORPORATION
REP.BY CHAIRMAN AND MANAGING DIRECTOR
TRANSPORT BHAVAN, PORT, THIRUVANANTHAPURAM, 695001.
2. DISTRICT TRANSPORT OFFICER
KSRTC, MALAPPURAM 695001 .
3. THE ASST. TRANSPORT OFFICER
KSRTC, MALAPPURAM 695001.
BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VK
WP(C).No. 20583 of 2012 (W)
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APPENDIX
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PETITIONER(S) EXHIBITS
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EXT.P1- THE TRUE COPY OF THE IDENTITY CARD FOR PERSONS WITH DISABILITY
OF PETITIONER DATED 10.08.2003.
EXT.P2- TRUE COPY OF ORDER NO.LR/9-001288/2006 DATED 27.05.06.
EXT.P3- THE TRUE COPY OF THE DISABILITY CERTIFICATE OF THE PETITIONER
DATED 09.03.2000.
EXT.P4- THE TRUE COPY OF THE BLIND PASS OF THE PETITIONER FROM
24.09.1999 TO 23.09.2002.
EXT.P5- THE TRUE COPY OF THE BLIND PASS OF THE PETITIONER FROM
23.09.2002 TO 22.09.2005.
EXT.P6- THE TRUE COPY OF THE BLIND PASS OF THE PETITIONER FROM
22.09.2005 TO 21.09.2008.
EXT.P7- THE TRUE COPY OF THE APPLICATION FILED BEFORE THE IST
RESPONDENT DATED NIL.
EXT.P8- THE TRUE COPY OF THE COMMUNICATION OF IST RESPONDENT TO THE
CHIEF MINISTERS PUBLIC GRIEVANCE CELL DATED 04.11.11.
EXT.P9- THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE
THE CHIEF MINISTERS PUBLIC GRIEVANCE CELL DATED 14.12.2011.
EXT.P10- THE TRUE COPY OF THE ORDER OF IST RESPONDENT DATED 24.07.12.
RESPONDENTS' EXHIBITS : NIL
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C.K. ABDUL REHIM, J.
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W.P.(c) No. 20583 OF 2012-W
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DATED THIS THE 4th DAY OF OCTOBER, 2012
J U D G M E N T
Petitioner was holding Ext.P4 to P6 'Free Passenger Passes' issued by the 1st respondent Corporation through the 3rd respondent, enabling him free travel in Buses owned by the Corporation, on the ground that the petitioner is totally blind. Exhibit P4 pass was issued on 24-09-1999 and it was renewed periodically upto 21-09-2008. The 'Free Pass' was issued on the basis of Ext.P2 proceedings issued by the 1st respondent Corporation, wherein it was resolved to implement directions issued by the State Government to provide free travel facility to totally blind persons, having 100% visual impairment. When the petitioner applied for renewal of the pass, Ext.P8 reply was issued requiring him to produce certificate from the Medical Board. The insistence was on the basis of report submitted by the 3rd respondent to the effect that, on personal appearance of the petitioner it was noticed that he is not totally blind. The W.P.(c) No. 20583/2012 -2- petitioner submitted Ext.P9 stating that, the medical certificate was already been produced at the time when pass was issued for the first time, and that the procedure contemplated under Ext.P2 does not insist for production of any further certificate from the Medical Board. The request in Ext.P10 was rejected through Ext.P9 letter of the 1st respondent Corporation declaring that the petitioner is not eligible to get the Pass renewed. In this writ petition the petitioner is challenging Ext.P10, inter alia seeking direction to the respondents to issue renewed pass.
2. Heard; Sri.Babu Joseph Kuruvathazha, learned standing counsel appearing for respondents. Contention of the petitioner is that, going by terms of Ext.P2 proceedings the respondents are not justified in insisting for production of medical certificate at the time of renewal. It is pointed out that the pass was originally issued on production of Ext.P1 to P3 certificates. Referring to contents of Ext.P3, it is submitted that the District Social Welfare officer had issued the certificate only on the basis of medical certificate W.P.(c) No. 20583/2012 -3- issued from the District Hospital, Malappuram, and the extent of disability noted therein is 100%. Therefore, insistence for production of any fresh certificate cannot be sustained, is the contention.
3. Per contra, learned standing counsel contended that the benefit can be given only to persons who are totally blind, having 100% visual impairment. The refusal to renew the pass was on the basis of report received from the Unit office to the effect that the petitioner is not totally blind. Therefore the rejection of the application for renewal is justified, is the contention.
4. While evaluating rival contentions, I take note of the fact that those who are entitled for the benefit are persons with total blindness (100% visual impairment). It is true that Ext.P3 is indicative that the District Social Welfare officer had issued certificate on the basis of medical certificate issued from the District Hospital. However Ext.P3 certificate was issued as early as in the year 2000. The respondents are justified in insisting upon the W.P.(c) No. 20583/2012 -4- petitioner to produce fresh certificate obtained from the Medical Board, in view of the fact that the Unit officer had reported that the petitioner is not totally blind. Learned counsel for the petitioner submitted that, conclusion of the Unit officer is not true and correct and the petitioner can obtain certificate from the Medical Board only if the respondent make a reference for the same.
5. Under the above mentioned circumstances, the writ petition is allowed and Ext.P10 is hereby quashed. The competent authority among the respondents 1 and 2 shall issue request to the District Medical officer, Malappuram to issue certificate with respect to assessment of the extent of the petitioner's disability, after examination by the Medical Board. The petitioner shall appear before the Medical Board for such medical examination as and when requested. If the certificate of the Medical Board is to the effect that the petitioner is having 100% visual impairment, the respondents shall renew the 'Free Pass' issued to the petitioner, without any further delay.
W.P.(c) No. 20583/2012 -5-
6. Needful steps to get the certificate from the Medical Board shall be taken by the respondents within two weeks from the date of receipt of a copy of this judgment.
Sd/-
C.K. ABDUL REHIM, JUDGE.
AMG True copy P.A to Judge