Disability Certificate not without Caveat- Shimla High Court

Medical officers Don’t issue disability certificates with caveat said by High Court.

Himachal Pradesh High Court, has expressed concern over the practice of medical officers issuing certificates with caveat. The court observed if this practice is not ended, medical officers would issue certificates with no judicial relevance, thereby encouraging misuse of false and fabricated certificates.

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Introduction– the practice of medical officers regularly issuing disability certificate with rider that they are not valid for court cases is cause for concern. The officers should take responsibility, said by hp high court.

Facts of the case – petition filed in high court by a school lecturer challenging her transfer order. In petition, she submitted that she was handicapped, for which she had produced a disability certificate issued on june 4, 1994. The court found that the certificate had not been issued by competent authority like a medical board. “now, if at all, the petitioner is handicapped to the extent as mentioned in the certificate, court see no reason why she should not have got herself examined from the medical board& having failed to do so, then court is required to draw adverse inference against her”.

Besides, the court found that the school the petitioner has been transferred to is a drive-in school with ample parking space on the premises.

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Finding of the court– the court found no merit in the petition and dismissed it. Court said,” we really fail to appreciate, comprehend, and understand  as to under which provision and authority such kinds of certificates are being issued. After all, there is a presumption of regularities of official act and therefore, we would assume that the concerned medical officers/CMOs must have examined and there after satisfied himself before issuing such certificates.

Court also said, once a certificate is issued by a medical officer, he cannot be permitted to back out from the contents of the certificate fearing prosecution. It said that court is bound to see whether the medical authority to issue such certificates. The court has directed additional chief secretary (health) to look into the matter and issue necessary directions within 4 weeks.

In case the contents of the same are found to be false in whole or in part, then the medical officer issuing such certificate is liable for penal, departmental or any other action that may be warranted under law.

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Conclusion– Issuing of medical certificates is an integral responsibility of medical professional. Quit often, it is casually issued leading to its gross misuse amounting to even being considered as false certificate. Moreover, it indirectly violates the medical ethics and is liable to be punished severely may be entail the cancellation of registration to practise of the medical professional. DMC ( Delhi medical council) has shown concern about the recent increase of cases, whereby a medical certificate has been issued, which does not corroborate with medical illness and many of such cases have been submitted the court of law, where the authenticity of such certificate has been doubted, being further referred to the council by the court to initiate action against them. DMC, releases the guidelines for issuing certificate and requested all doctors to strictly follow the same while issuing a medical certificate and save themselves of unnecessary harassment and punishment.

For case specific advice related to Disability Certificate, please contact best top expert Service Lawyers in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur.

This post is written by Ramandeep Kaur

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