Abhigyan Raj Dutta v. The State of Assam and 4 Ors

ORDER

27.09.2024 Heard Mr. M. Saikia, learned counsel for the petitioner, who submits that the petitioner had prayed for issuance of a disability certificate under the Assam Right to Public Service Act, 2012 (hereinafter referred to as 'the Act'), due to the petitioner's left hand having become paralysed in relation to a vehicular accident, arising out of Kaliabor P.S. Case No.19/2023 registered under Sections 279/338/304A of the IPC.

¶2The petitioner's counsel submits that the petitioner is in need of the disability certificate for making a claim for compensation before the learned Motor Accidents Claims Tribunal in Kamrup (M). He submits that despite the prayer of the petitioner being made to the Joint Director of Health, Darrang District for issuance of a disability certificate, no action has been taken by the Joint Director of Health, Darrang.

¶3Ms. S. Sarma, learned Standing Counsel, Health Department; Ms. D. Jain, learned counsel appearing for the Directorate of Social Justice and Page No.# 3/3 Empowerment and Mr. S.R. Baruah, learned counsel appearing for the respondent No.3 submit that the writ petition can be disposed of, if a direction is issued to the Superintendent, GMCH, Guwahati (respondent No.4) to constitute a Medical Board, to examine the petitioner's injury. If the petitioner is eligible to be given a disability certificate, the same can be given on the basis of the report made by the Medical Board.

¶4Ms. S. Sarma, learned counsel also submits that the Joint Director of Health, Darrang could not pass any orders in respect of the prayer of the petitioner, in view of the fact that there was no Neurological Expert in Darrang District to examine the petitioner.

¶5In view of the submissions made by the counsels for the respondents, the writ petition is being disposed of, with a direction to the respondent No.4 to constitute a Medical Board, within a period of 4(four) weeks from the date of receipt of a certified copy of the order. The Medical Board shall thereafter examine the petitioner and if it is found that the petitioner is eligible to be issued a disability certificate, the same should be issued to the petitioner.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010199212024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5036/2024o ABHIGYANoRAJoDUTTAo S/O-oPRAMODoDUTTA,o R/O-oWARDoNO-1,oNEARoKALIoMANDIR,oSANTIPARA,o P.S-oMANGALDOI,o DIST-oDARRANG,o o PRESENToADDRESS-o P.O-oDEKARGAON,o P.S-oTEZPUR,oDIST-oSONITPUR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oHEALTHoANDoFAMILYoWELFAREoDEPARTMENTo oDISPUR,oJANATAoBHAWAN,oGUWAHATI-6. 2:DIRECTORATEoOFoSOCIALoJUSTICEoANDoEMPOWERMENT oGOVT.oOFoASSAM o oDISPUR oJANATAoBHAWAN oGUWAHATI-6. 3:THEoCOMMISSIONERoFORoPERSONSoWITHoDISABILITIES oGOVT.oOFoASSAM oGUWAHATI-06 4:THEoSUPERINTENDENT oGMCH oASSAM oGUWAHATI-06 Page No.# 2/3 5:THE JOINT DIRECTOR (HEALTH) MANGALDOI ASSA Advocate for the Petitioner : MR MINTU SAIKIA, MR J FIRDAUS,MS R DUTTA Advocate for the Respondent : SC, HEALTH, GA, ASSAM,SC, SOCIAL JUSTICE AND EMPOWERMENT BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA