Friday, August 25, 2017

Rahul Sharma Vs. Secretary Deptt of Health & Family Welfare | Case No. 4/1129/2015-Wel/CD/ 1594-1595 | Dated: 24.08.2017

Case Summary:

Rahul Sharma Vs. Department of Health & Family Welfare

Disability Certificate: Complainant submitted that an employee of the BabuJagjivan Ram Memorial Hospital told him that he would be getting a disability certificate of only 20% without examining him. After communications, the Deputy Medical Superintendent of the hospital submitted that the Complainant had been issued the disability certificate on 30.10.15.

On 07.01.16 Complainant submitted that he requested the issuing of a disability certificate in the performa prescribed by the central government, which was required for applying for employment, and alleged that the hospital administration and employees harassed him. After correspondence, it was submitted by the respondent that the complainant had been issued a disability certificate in the required format.

Employment: Vide another complaint, Complainant submitted that during the document verification phase of his application for a Group D post in the Railways, concerned officials informed him that his disability certificate needed to be in the performa prescribed by the railway board and signed and sealed by one more doctor. The Court discussed Section 58 (3) of the 2016 Act, Rule 19-20 of the 2017 Rules regarding validity of the disability certificate. Court noted that as per the Delhi Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Amendment Rules, 2011, only the signature of a single notified medical authority is required unless the case is one of multiple disabilities. Further, a counter signature and seal of Medical Superintendent is only required if the medical authority isn’t a government servant. Court ruled that even if it is not in the same format as prescribed in the Central/Delhi Persons with Disabilities Rules, the issued certificate has the necessary information and must be accepted by all the recruiting authorities, etc. for its’ period of validity.

Rules/Acts/Orders:
Rights of Persons with Disabilities Act, 2016.
Rights of Persons with Disabilities Rules, 2017
Delhi Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Amendment Rules, 2011

Order / Judgement: 



In the Court of State Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 4/1129/2015-Wel/CD/ 1594-1595                          Dated: 24.08.2017
Case No.4/1313/2016-Wel/CD

In the matter of:

Sh. Rahul Sharma,
B-38/2, Kewal Park,
Azadpur, New Delhi-110033.                                        .……… Complainant     

                                                       Versus
The Secretary,
Deptt. of Health & Family Welfare,
GNCT of Delhi,
Delhi Secretariat,
New Delhi-110002.                                                  …...…Respondent

ORDER

              The above named complainant, a person with 40% hearing impairment vide his complaint dated 19.09.2015 addressed to the Medical Superintendent, Babu Jagjivan Ram Memorial Hospital (BJRM) submitted that an employee of the hospital at the counter without examining him told him that he would be getting a disability certificate of only 20% and returned his application for disability certificate. 

2.           The complaint was taken up with the Medical Superintendent, BJRM Hospital vide notice dated 30.09.2015 followed by reminders dated 02.11.2015 & 24.11.2015.

3.           Dy. Medical Superintendent / Head of Office vide letter dated 20.11.2015 informed that the matter had already been dealt on PGMS Portal of Delhi Govt. and the applicant had been issued disability certificate on 30.10.2015.

4.           The complainant vide his letter dated 07.01.2016 stated that he requested for issuing a disability certificate in the performa prescribed by the Central Govt. which was required for applying for employment.  He was directed to appear before the Chairman, Disability Board without giving any date and time or address.  He alleged that thereafter the hospital administration and the employees harassed him.  The matter was therefore referred to Department of Health and Family Welfare vide letter dated 07.07.2016 followed by the reminders.  The Health and Family Welfare Department vide letter dated 28.12.2016 directed the respondent to take appropriate action on top priority and submit Action Taken Report. 

5.           The respondent vide letter dated 23.01.2017 informed that the complainant had been issued a disability certificate on 25.01.2016 in the performa prescribed by the Central Govt.  As per the said disability certificate, the complainant has 40% hearing disability and the condition is likely to improve and reassessment has been recommended after a period of 3 years. 

6.           The complainant vide another complaint dated 29.06.2016, which was registered as Case No. 4/1313/2016-Wel/CD submitted that in June 2016 he applied for a Group D post in response to Railway Recruitment Cell, Northern Region, recruitment notice.  During the document verification and medical examination,  the concerned officials  told him that his disability certificate has been signed by only one Specialist / doctor  and the Chairman of the Medical Board.  It should be in the performa prescribed by Railway Board.  They allowed him only provisional basis for medical examination and gave him 10 days to get his disability certificate signed by one more doctor with his seal.  He therefore, requested to provide him the notification which mentions that the disability certificate issued by a hospital should be valid for all the Central, State or Railway Recruitment Boards.  He also requested that his disability certificate should be signed and sealed by one more doctor.

7.      Section 58 (3) of the Rights of Persons with Disabilities Act, 2016 provides, “The certificate of disability issued under this section shall be valid across the country”.  As per Rule 19 of the Rights of Persons with Disabilities Rules, 2017 notified by the Ministry of Social Justice and Empowerment [(Department of Empowerment of Persons with Disabilities (Divyangjan)] vide G.S.R. 5.91 (E) dated 15.06.2017, a person to whom the certificate issued under rule 18 shall be entitled to apply for facilities, concessions and benefits admissible for persons with disabilities under schemes of the Government and of non-Governmental organizations funded by the Government”. Rule 20 of the said Rules provides that the certificate of disability issued under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) shall continue to be valid after commencement of the Act for the period specified therein.
             
8.           As per the format of certificate of disability (Form-VII and Form-IX) prescribed by  Delhi Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Amendment Rules, 2011 notified vide No. F. 82(265)/ AD.III/ Amendment/ PWD Act/DSW/ 09/3176-3186 requires the signature of only a single notified medical authority other than in the case of multiple disabilities.  Counter signature and seal of the Medical Superintendent / Head of the Hospital is required only in case the certificate of disability is issued by a Medical Authority who is not a Govt. Servant. 

9.           Therefore, the disability certificate issued by single medical authority except in case of multiple disabilities, do not require the signature /seal  of another doctor.  Counter signature and seal of Medical Superintendent / Head of Govt. Hospital is required only if the medical authority is not a Government servant.

10.         The disability certificate issued on 25.01.2016 on the basis of Disability Certificate  No. 474/2015 dated 30.10.2015 dated 30.10.2015 to the complainant by BJRM Hospital though not exactly in the same format as prescribed in the Central /Delhi Persons with Disabilities Rules, has the necessary information and must be accepted by all the recruiting authorities, etc. for a period of  three years where after the complainant should get himself reassessed as the condition is likely to improve as per the disability certificate No. 474/2015 dated 30.10.2015.

              Both the cases are disposed of accordingly.

            Given under my hand and the seal of the Court this 24th   day of August, 2017.                                               

                                                                                       (T.D. Dhariyal )
                      State Commissioner for Persons with Disabilities





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