Karnataka High Court
Sri Krishnappa Hemaraddi Jagapur vs The Divisional Controller on 6 January, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:19
WP No. 107640 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.107640 OF 2024 (S-KSRTC)
BETWEEN:
SRI KRISHNAPPA HEMARADDI JAGAPUR,
(K.H.JAGAPUR), AGE: 50 YEARS,
OCC: DRIVER CUM CONDUCTOR,
NWKRTC, RAMDURGA DEPOT,
DHARWAD RURAL DIVISION,
DIST: DHARWAD - 591 123.
...PETITIONER
(BY SRI RAVI HEGDE, ADVOCATE)
AND:
1. THE DIVISIONAL CONTROLLER,
NWKRTC, DHARWAD RURAL DIVISION,
DIST: DHARWAD - 580 001.
2. CHIEF PERSONNEL MANAGER (CPM),
NWKRTC, CENTRAL OFFICE,
Digitally signed by GOKUL ROAD, HUBBALLI,
VISHAL
NINGAPPA DIST: DHARWAD - 580 030.
PATTIHAL
Location: High
Court of Karnataka 3. THE DEPOT MANAGER,
NWKRTC, RAMDURG DEPOT,
DHARWAD RURAL DIVISION,
DIST: DHARWAD - 591 123.
...RESPONDENTS
(BY SRI PRASHANT S. HOSAMANI, ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF
CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE
OFFICE ORDER DATED 07.11.2024, BEARING
NO.VA.KA.RA.SA/DHA.VI/SIBBANDI/C5/1669, ISSUED BY THE
RESPONDENT NO.1, VIDE ANNEXURE-F, AND CONSEQUENT UPON
QUASHING THE AFORESAID ORDER, ISSUE WRIT OF MANDAMUS
-2-
NC: 2025:KHC-D:19
WP No. 107640 of 2024
DIRECTING THE RESPONDENTS TO ASSIGN/CONTINUE THE LIGHTER
JOB TO THE PETITIONER AS PER THE MEDICAL CERTIFICATE ISSUED
BY THE MEDICAL BOARD BAGALKOT, DATED 25.09.2023,
CERTIFICATE NO.DHB/MB/48/2023-24, VIDE ANNEXURE-B, BY
FIXING OUTER LIMIT, AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioner is before this Court seeking the
following prayers:
i. Issue writ of Certiorari or any other writ or order quashing
the Office Order dated 07.11.2024, bearing
No.VA.KA.RA.SA/DHA.VI/SIBBANDI/C5/1669, issued by the
Respondent No.1, vide ANNEXURE-F, and
ii. Consequent upon quashing the aforesaid order, issue writ
of Mandamus directing the Respondents to assign/continue
the lighter job to the petitioner as per the Medical
Certificate issued by the Medical Board Bagalkot, dated
25.09.2023, Certificate No.DHB/MB/48/2023-24, vide
ANNEXURE-B, by fixing outer limit, and
iii. Issue any other writ or order as this Hon'ble court may
deems fit in the circumstances of the case including cost, in
the ends of justice.
2. Learned counsel Sri Ravi Hegde appearing for
petitioner submits that the issue in the lis stands answered
by the judgment of the Coordinate Bench of this Court in
NC: 2025:KHC-D:19
W.P.No.103069/2024 dated 03.06.2024. The Coordinate
Bench had held as follows:
"9. Section 20 of the Rights of Persons with
Disability Act, 2016 mandates that no government
establishment shall discriminate against any person with
disability in any manner relating to employment. Second
proviso to sub-Section (4) of Section 20 of the Act, 2016
provides that, if it was not possible to adjust the
employee against any post, he may be kept on a
supernumerary post until a suitable post is available or he
attains age of superannuation whichever is earlier. In
other words, once a disability certificate is issued, at least
for the period of validity of such certificate, if a suitable
post is not available, employer is required to keep such
employee on a supernumerary post until a suitable post is
available or he attains age of superannuation, whichever
is earlier.
10. Clause (ii) of sub-Rule (3) of Rule 18 of the
Rights of Persons with Disability Rules 2017 provides that
the Medical Authority shall, after due examination, issue a
certificate of disability indicating period of validity in cases
where there is any chance of variation or time in degree
of disability.
11. Viewed in the light of the aforesaid
provisions of the Act of 2016 and the Rules of 2017, the
Medical Certificate issued by the Medical Board in the
instant case produced at Annexure-E recommends for
NC: 2025:KHC-D:19
reassessment of disability after two years i.e., the medical
certificate issued would be valid up to 07.07.2025, the
Medical Board is consisting of Orthopedic Surgeon and
Member, Senior Specialist and Member, District Surgeon
and Chairman, Medical Board, District Hospital, and this
Medical Board has recommended reassessment of the
disability would be done on and after 07.07.2025. In
other words, the validity of the certificate is up to a period
of two years.
12. In the light of the provisions and the Rules
referred to hereinabove, respondent-Authorities are not
justified in issuing the endorsement stating that since the
petitioner was appointed in the alternate lighter job for a
period of six months which is due to expire on
27.05.2024, he shall return to the original post without
reference to provision of Section 20, Rule 18 and the
Medical Board certificate produced at Annexure-E. The
endorsement in question is without reference to the
aforesaid provisions of law. As such, the same is
unsustainable.
13. Petition is allowed.
14. The endorsement dated 08.05.2024 vide
Annexure-G issued by respondent No.1 is set aside.
15. Consequently, respondent-Authorities shall
assign the lighter job to the petitioner at least up to
07.07.2025, the validity of the period of certificate as
NC: 2025:KHC-D:19
provided under Section 20 read with Rule 18 of the Rules,
noted hereinabove.
16. Needless to state that on the expiry of
07.07.2025, the respondent-Board, if so advised, may call
upon the petitioner to obtain fresh disability certificate to
consider if he could be continued with the lighter post or
he should revert back to the original post"
3. A week thereafter, the very same Coordinate
Bench after elaborate consideration of the Act and the
manner and the form in which the certificate should be
issued, 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
NC: 2025:KHC-D:19
(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:
NC: 2025:KHC-D:19
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 __________
(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 ______________________________
NC: 2025:KHC-D:19
(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
NC: 2025:KHC-D:19
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
- 10 -
NC: 2025:KHC-D:19
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 physical
No part impairment/mental
body of 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
13. Specific Learning
Disability
14. Autism Spectrum
Disorder
15. Mental illness
16. Chronic Neurological
- 11 -
NC: 2025:KHC-D:19
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.
- 12 -
NC: 2025:KHC-D:19
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
- 13 -
NC: 2025:KHC-D:19
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.
- 14 -
NC: 2025:KHC-D:19
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
- 15 -
NC: 2025:KHC-D:19
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. In the light of the aforesaid orders passed by
the Coordinate Bench in the aforesaid cases, I deem it
appropriate to dispose the petition granting the petitioner
the very same benefit that the Coordinate Bench has
granted to a similarly situated employee of NWKRTC.
5. The petition is thus disposed on the same
terms in W.P.No.102082/2024 holding that the petitioner
shall be continued in a lighter post, but shall be subject to
examination by the Medical Board, and all other benefits
would flow from the outcome of the Medical Board.
6. Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
NAA
