Dear sir/ madam, The approach is unethical. You can issue a show cause notice through an advocate of their variable finding. Contact through kanoon.com if you feel going for the same.
Disregard of Handicapped Certificate by Govt Hospital
Sir, I was issued disability certificate with 40% permanant disability by district hospital in 2015. I went to AIIMS, Delhi in 2019. After testing the doctors gave me certificate mentioning 60% permanant disability. I wrote exam on PH quota and qualify it. But the exam require medical fitness. So I went to AIIMS again. Now doctors are saying I have only 30 % disability. The old certificate was signed and stamped by Associate professors/senior resident/medical superintendent. 1. Can doctors take back certificate/disability% they already gave? 2. What can I do now please tell me?
Asked 3 years ago in Labour
8 Answers
In 2019 your disability is certified at 60% permanent and now they say it is 30%. You can approach and file a writ petition against the present certificate .
File writ petition in HC against AIIMS decision awarding you 30 per disability certificate contrary to earlier decision awarding you 60 percent certificate
seek constitution of medical board to examine your case and submit report within stipulated period
This is not usual unless you disability has disappeared in part in the meanwhile.
Therefore send RTI seeking clarification on change of its stand. Writ remedies is an option.
A disability certificate (also known as PwD certificate or PH certificate or handicap certificate) is a document that certifies the type and extent of holder’s disability. In India, this certificate is usually issued by medical boards constituted in certain government hospitals. Disability certificate is an important document for persons with disabilities because it entitles the holder to get benefits / facilities and rights of persons with disabilities. Government of India and state governments provide a host of facilities to disabled people but all these facilities are available only to those who hold a valid disability certificate.
Validity period: Medical board mentions the period which the certificate is valid for. If disability is deemed to be temporary, the person will be examined again after this validity period and a new disability certificate will be issued, if required. If the disability is deemed to be permanent, a certificate with life-long validity may be issued.
Therefore you can obtain a fresh medical certificate on the basis of the above information.
This is absurd. They cannot issue certificates and then say that the previous one was not correct.
Give a representation to the doctor and ask them to rectify their mistakes and explain as to why they did this.
Dear Sir/Maam,
1) No the doctors cannot take back the disability certificate in such manner.
2) You will have file writ petition against the same.
3) You can also approach the Office of the Chief Commissioner for Persons with Disabilities, with your grievance for assistance.
Thank you
1. No, legally they cannot take back the certificates dully issued , hence you can lodge a compliant against this nefarious services to the Director of AIIMS .
2. Further, you can also lodge your compliant before the IMA , Delhi and also Ministry of Disability and welfare as well for claiming damages etc.
- However, if your disability was temporary in nature , then the said latest certificate cannot be challenged .
