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,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No.722/1121/2019/02/1306-1308 Dated:14.03.2019
In the
matter of:
Sh.Sanjeev Aggarwal
Versus
The Secretary,
Deptt. of Health & Family Welfare,
GNCT of Delhi,9th Level, A-Wing
Delhi Secretariat,
New Delhi-110002. …...…Respondent
No.1
The Medical Superintendent
Madan Mohan Malviya Hospital,
Govt. of NCT of Delhi,
Malviya Nagar,
Delhi-110017. ……Respondent No.
2
Date
of Hearing: 11.03.2019
Present:
Sh.Sanjeev
Aggarwal, complainant.
Smt.
Madhuri Devi, Section Officer on behalf of respondent No. 1 on behalf of the
respondent.
ORDER
1. The above named complainant vide
his email dated 14.01.2019 and 24.01.2019 submitted that his son Master Sanan Aggarwal,
a person with 50% permanent physical impairment due to neurological disorder
was issued a disability certificate
dated 12.11.2013 by Pt. Madan Mohan
Malaviya Hospital. The condition was
progressive and reassessment was recommended after a period of five years. He approached the hospital for re-issuing the disability
certificate but he was informed that as per the latest guidelines, AIIMS is the
competent hospital to issue the disability certificate to the persons with
neurological disorder and for the persons residing in South East District. When
he approached AIIMS, he was informed that since it is a case of re-issuance of
the certificate, it should be done by the same hospital which originally issued
it i.e. Pt. Madan Mohan Malaviya Hospital.
2. The
complaint was taken up with the respondents vide Show-cause-cum-hearing notice
dated 12.02.2019. The respondents were
directed to show cause why Pt. Madan
Mohan Malviya Hospital should not re-issue the certificate of disability as the
original certificate was issued by that hospital and why the respondent No. 1
should not have a clear policy to deal with such situations and submit an
action taken report by 28.02.2019 and a hearing was scheduled on 11.03.2019.
3. Respondent No. 1 directed DGHS to
submit an action taken report vide letter dated 26.02.2019. Respondent No. 2 vide letter dated 27.02.2019
submitted that the residence of the complainant is at Chitranjan Park, which
falls under the jurisdiction of South East District as per the notification dated
12.02.2014 issued by Department of Social Welfare. Therefore, the complainant was referred to
AIIMS, New Delhi which is the notified hospital for issuing the disability
certificate for neurological disorders for the residents of South East
District.
4. On the date of hearing on 11.03.2019,
the complainant reiterated his written submissions and his concern about the
inordinate delay in addressing a simple and common problem. He also stated that the disability
certificate is the basic document without which Master Sanan Aggarwal cannot
claim any benefit / facility as a person with disability. The existing disability certificate is
already five years old and therefore, the authorities may deny him facilities
on the ground that the said disability is no more valid.
5. Smt. Madhuri Devi, Section Officer
who appeared on behalf of respondent No. 2 reiterated the written
submissions.
6. Considering the sensitivity and
importance of the matter, Dr. Yogesh Kataria, Nodal Officer, DGHS and Sh. A. K.
Kaushal, Spl.Secretary(H&FW), Govt. of NCT of Delhi were contacted on telephone and explained the situation
which required urgent action and the need for issuing appropriate instructions
to the certifying authorities.
7. After hearing the parties, it is
recommended that:
(i) Respondent No.1
should issue a circular directing the certifying authorities in NCT of
Delhi that the hospital / authority which
issued the original certificate shall re-assess / re-issue the disability
certificates irrespective of change in jurisdiction. In case of unavailability of a specialist
doctor in such a hospital, assessment by a specialist doctor should be got done
by a doctor of the nearest neighboring
hospital and the disability certificate should be reissued within one month of
the application for the same. It should
be the responsibility of the head of hospital to ensure this;
(ii) The complainant is advised to submit an
application in Pt. Madan Mohan Malviya Hospita, if not already done and the
hospital shall issue a fresh certificate to Master Sanan Aggarwal within one month from
the date of application by the complainant; and
(iii) The disability certificate No.
F.14/59/6196/Pt.MMMH/1251 dated 12.11.2013 in respect of Master Sanan Aggarwal shall
be valid and be accepted by the concerned authorities / service providers until
a fresh certificate is issued.
8. Action taken report be submitted to
this Court within three months from the date of receipt of this order as
required under section 81 of the Act.
9. The
case is disposed of accordingly.
10. Given under my hand and the seal of the Court this 14th
day of March, 2019.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
