Showing posts with label Himachal Pradesh High Court. Show all posts
Showing posts with label Himachal Pradesh High Court. Show all posts

Thursday, July 16, 2020

Himachal HC to Doctors - Stop the practice of issuing Disability Certificates that can't stand legal scrutiny [Judgement included]

Dear Readers,

Finally the Judiciary has cracked the whip on the medical doctors who have been silently issuing Disability Certificates for a long time with a caveat added through a note - "This certificate is not valid for medico-legal purposes." Some have been writing on top or bottom of the Disability Certificate that "This certificate would not be valid for court cases or for claiming compensation."

The Himanchal Pradesh High Court has taken a serious note of this anomaly while hearing a case of a lecturer Ms. Kanchan from Sirmaur who had challenged her transfer. While the court found no merit in her petition, but during the course of the hearing, it was argued by the respondents that petitioner's  disability certificate issued by a chief medical officer, included a note which said the certificate would not be valid for court cases and for claiming compensations hence, it was not valid in the eyes of law.

The division bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua then directed medical officers in the state against issuing certificates which are not valid in a court of law, terming such certificates “nothing short of being false and fabricated”. The court observed that a number of medical officers issue certificates to patients or people with disabilities with a note that the certificate would not be valid for court cases or for claiming compensation.

“It is high time that there is an end to this practice. Or else, it would give impetus to medical officers whether they be government doctors or private practitioners to issue such certificates which have no judicial relevance and are inadmissible, and are, thus, nothing short of being false and fabricated certificates which can be grossly misused,”  the Bench observed.

“We are convinced that this note has been appended only with the intent that the officer issuing the certificate may not be hauled up before the court or tribunal, if eventually such a certificate is found to be false in whole or in part. The court cannot approve this,” the court noted.

The Bench directed the Additional Chief Secretary (Health) to look into the matter and issue instructions to end the practice within four weeks.

Download the Court Judgement:  Court website link | Google Drive link

Himachal HC | Kanchan Versus State of H.P. & Ors | CWP No. 1915 of 2020 | 15 Jul 2020

Thursday, March 22, 2012

Himachal Pradesh High Court directs the State to find ways to provide equal opportunities for disabled in civil services

Dear Colleagues,

This petition by Mr. Shyam Singh, a disabled school teacher from Himachal Pradesh brings out the systemic inadequacies, which I am sure exists in all states, in providing equitable opportunities to persons with disabilities in their recruitment to the civil posts in the States. only 25% of the total Class- I category posts have been filled that are reserved for persons with disabilities in terms of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act- 1995.  This also indicates that no steps have been taken by the State to fill up the backlog by taking measures suggested in the DoPT Guidelines dated 29 Dec 2005 on effecting the reservation of posts for persons with disabilities.

Such an exercise in needed in most states as we continue to face situations where lack of enabling environment do not allow persons with disabilities to compete with their non-disabled counterparts. Also the state recruitment agencies, public service commissions have not thought of organizing coaching classes for preparing the students for the competitive examinations as is being done to improve representation in civil service of persons from marginalized communities such as scheduled castes / scheduled tribes. NGOs working with persons with disabilities or the self-help groups /DPOs must take up similar initiatives to create a demand for such a need of training and lowering  the selection criteria for persons with disabilities who have been suffering exclusion due to inaccessibility of educational systems as well as attitudinal barriers of the community in reaching their full potential.

Here is the news coverage from Indian Express

Alarmed that only 25 per cent of the posts reserved for the physically-challenged in Class-I category government jobs have been filled up owing to non-availability and non-suitability of candidates, the Himachal High Court on Wednesday directed the state government and Public Service Commission to work on alternatives to provide equal opportunities to the disabled.

A division bench comprising Chief Justice Kurian Joseph and Justice Dharam Chand Chaudhary said the existing mode of selection was not in a position to ensure equal opportunity to the physically-challenged. “In terms of the objectives of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act-1995, we are of the view that it is high time that the state thinks of alternate methods of selection. It should also be thought of as whether such selection should be continued with the HP Public Service Commission.

The court passed the order while disposing off an appeal filed by Shyam Singh — a physically-challenged person who works as a school teacher in Darlaghat. The petitioner, who had appeared for Public Service Commission exam under three per cent reservation, was not selected because he “lacked merit”.

“Even in selection in respect of the reserved quota, there cannot be any compromise on standard of merit as prescribed by the appointing authority. Of course, it is certainly open to the appointing authority to prescribe lesser standard, in respect of the reserved categories to achieve the objects of such reservation,” the court said