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
[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
