• Not for medico legal purposes

On the top of a handicapped certificate shows in CMO hand writing - not for medico legal purposes. please guide me that this handicapped certificate valid for obtained govt jobs in India.

thanks
regards
sharad tripathi
Asked 11 months ago in Criminal Law from Dehradun, Uttarakhand
Religion: Hindu
Under the physically handicapped quota this individual can apply for relaxation of the qualifications which any other candidate is subject to. Scribbling 'not for medico legal purposes' does not alter the legal character of the certificate. 
Ashish Davessar
Advocate, Jaipur
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Yes,this is valid to apply for govt.job.
Devajyoti Barman
Advocate, Kolkata
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On the top of a handicapped certificate shows in CMO hand writing - not for medico legal purposes. please guide me that this handicapped certificate valid for obtained govt jobs in India?
Not for medico legal purpose means that this certificate is not issued as a documentary evidence for medico legal cases, it is a certificate in common for general purpose.



But different court cases judgement judiciary not give any benefits as such type of the certificate where present this type of sentence  " not for medico legal purposes " or not for legal purposes. Medical Council of India, New Delhi who govern all Indian govt Hospitals give act 2002, where point 7.7 tell that  any medical certificate or any type of certificate issued by the medical practitioners are eligible in use for court or administration purposes if it is not possible than medical certificate or any other certificate are untrue, misleading.

medico legal and medical certificate is different.  Medical certificates issued for some other purpose shall be take into as an admissible evidence or documentary proof, where medico legal certificates are meant exclusively for medico legal purposes alone.  
T Kalaiselvan
Advocate, Vellore
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I cannot comment on what the courts have done in other cases. In every case the court has to decide whether the prayer clause can be adopted and allowed in the light of the pleadings. You asked what is the legal import of a handicapped certificate, so I answered it.
Ashish Davessar
Advocate, Jaipur
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yes, this document/certificate is valid for any JOB until and unless the department required any other certificate.

mediaco legal purpose means not used in any litigation.
Nadeem Qureshi
Advocate, New Delhi
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Your grievance is not clear to me. The handicapped certificate can be used in the court depending on the nexus between the prayer clause and the certificate. If the handicapped certificate has been issued despite the fact that the applicant did not fulfill the condition precedent then his appointment can be challenged in the High Court which can declare it as illegal.
Ashish Davessar
Advocate, Jaipur
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If person 100% visual challanged then what reasion tha handicapped certificate not eligible for medico legal purposes or not eligible as a proof in any cases in court. 
The certificate is not for medico legal purpose.  It was issued for all the general purposes hence this certificate can be used as documentary evidence in the court.  Medico legal means, if it was issued for the legal case purpose alone and which cannot be used for general purpose.




CMO write that person 100 % visual challanged then why not for medico legal cases. Medico legal certificate issued after all physical checkups and this handicapped certificate is issued after all eye related test then what fact in CMO mind puzzled he write not for medico legal purposes
If the CMO issues a medico legal certificate, he apprehends that he may be unnecessarily summoned and tortured to depose evidence in court hence he may have avoided that.  However this can be used as a documentary evidence before court to prove the case.



I want apply cowaranto case against  him. He is class one gazated officer.  Please suggest me, i am right or wrong.
First you have to exhaust the remedies from his higher authorities in this regard and after that only you can approach this matter legally.

T Kalaiselvan
Advocate, Vellore
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Not for medico legal purpose is meant that document shall not be read as evidence in court. It does not prevent a person to use it for any purpose. Towards joining of govt job, department issuues a proforma for elligibility under Ph catagory at the time of joining. So certificate issued by the CMO on that proforma will accept by the department.
You may use tis currentt certificate at the time of application for any govt. post. There is no bar.
Shivendra Pratap Singh
Advocate, Lucknow
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