Disability Certificate case The Hon’ble Mr.Justice Krishnan Ramasamy W.P.No.6159 of 2018-

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.11.2021
Coram
The Hon’ble Mr.Justice Krishnan Ramasamy
W.P.No.6159 of 2018
C. Jagadeesan ..Petitioner
Vs.
1. The Secretary to Government,
Government of Tamil Nadu, Health Department, Secretariate, Chennai – 600 009.
2. The Dean,
Rajiv Gandhi Government General Hospital, Chennai – 600 003.
3. The Chairman,
Regional Medical Board,
Rajiv Gandhi Government General Hospital, Chennai – 600 003.
4. The Residential Medical Officer,
Rajiv Gandhi Government General Hospital, Chennai – 600 003.
…Respondents
Prayer :
Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of mandamus, directing the respondents to consider the petitioner’s representation, dated 10.01.2018, and to direct the respondents to provide a separate Ward for the persons, who are admitted for issuing Disability Certificate and also to direct the respondents to issue the Disability Certificate within the stipulated time.
For Petitioner : Mr.V.S.Suresh
For Respondents : Mr.R.Govindasamy
Special Government Pleader
ORDER This Writ Petition has been filed seeking for issuance of a Writ, in the nature of mandamus, directing the respondents to consider the petitioner’s representation, dated 10.01.2018, and to direct the respondents to provide a separate Ward for the persons, who are getting admitted in the Hospital for obtaining Disability Certificate and also to direct the respondents to issue the Disability Certificate within the stipulated time.
2. Mr.V.S.Suresh, the learned counsel submits that the petitioner met with an accident, and therefore, seeking compensation, he filed a Claim Petition before the Motor Accidents Claims Tribunal. The Claims Tribunal, referred the petitioner-claimant before the Medical Board for assessment of the disability, pursuant to which, the petitioner has been admitted in Rajiv Gandhi Government General Hospital, Chennai.
2.1 The learned counsel for the petitioner further submits that, for the purpose of obtaining Disability Certificate, the petitioner was admitted in the general ward, (Neuro Ward) where, there were other Neuro Patients, taking treatment, and since the beds in the general Ward was full, the petitioner was given bed on the floor, and was kept under observation for a period of one month, during which period, he has suffered lot of inconvenience and mental agony and not only the petitioner, but also his wife, who was attending to his needs also underwent much hardships.
2.2 The learned counsel further submits that the grievance expressed by the petitioner is that, petitioner has no other disease, just because, to obtain the Disability Certificate, he had been made to be in the Hospital for one month, where, he suffered lot of difficulties both mentally and physically. Apart from that, the petitioner also suffered economically, as the petitioner was hospitalized and kept was under observation for one month, he was unable to go for his daily work and eke out his livelihood, as he is an auto-driver by avocation. Hence, the petitioner, in the interest and well being of others, who are being referred before the Medical Board by the Tribunals for the sake of obtaining Disability Certificate, should not undergo any sufferings, as underwent by the petitioner, made a representation, dated 10.01.2018, to the respondents to make arrangements for a Separate Ward, especially, for those persons, who are being admitted in the Hospital for the very purpose of obtaining the Disability Certificate. The learned counsel further submitted that, subsequent to the filing of this Writ Petition, the petitioner has also been issued with the Disability Certificate.
3. Mr.R.Govindasamy, the learned Special Government Pleader appearing for the respondents submitted that the representation made by the petitioner would be considered on merit and appropriate orders would be passed by the respondents in accordance with law, if any directions issued by this Court.
4. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents and perused the materials available on record.
5. The petitioner is an Auto-driver by avocation. As ill-luck would have it, he met with an accident. Therefore, seeking compensation, he filed a Claim Petition before the Motor Accidents Claims Tribunal, and Tribunal, referred the petitioner-claimant before the Medical Board for assessment of the disability, consequent to which, the petitioner has been admitted in Rajiv Gandhi
Government General Hospital, Chennai.
5.1 The petitioner was admitted in the general ward, (Neuro Ward) and due to insufficiency of beds, the petitioner was given bed on the floor. Since there were other Patients, who were taking treatment for neuro disease, were screaming due to pain all along the days, both the petitioner and his wife suffered lot of mental agony. That apart, the petitioner was kept under observation for a period of one month, during which period, he and his wife have suffered lot of hardships.
5.2 Since the sufferings underwent by the petitioner is gruesome, he, with a good intention so as to prevent the same difficulties not to be meted out to others, who are being admitted in the Hospital for the sake of obtaining Disability Certificate, made a representation, dated 10.01.2018, to the respondents to make arrangements for a Separate Ward. As the said representation made by the petitioner has evoked no response, the petitioner has filed this Writ Petition.
5.3 Though the prayer sought for by the petitioner in a slighter way, appears to be a pro bono publico, considering the good intention of the petitioner in filing this Writ Petition, viz., so as to prevent the sufferings/hardships, which were faced by the petitioner, should not be continued for other persons, those who are admitted for the purpose of getting medical disability certificate, this Court is inclined to entertain this Writ Petition and issue appropriate directions.
5.4 Further, though the prayer sought for by the petitioner is two-fold, and that, subsequent to the filing of this Writ Petition, he has been issued with the Disability Certificate, however, in the interest of the disabled persons, the second limb of the prayer has to be considered, viz., for the provision of separate Wards. Further, this Court is of the view that, the said Hospital is one of the biggest Hospitals in the State of Tamil Nadu, and there would not be any impediment for the said Hospital to make arrangements for the provision of separate Wards, especially, for those persons, who are approaching them for getting disability certificate, as every day, the patients are admitted in the Hospital due to accident and the Tribunal also issuing directions from time to time to claimants to get disability certificate, and in such circumstances, it would be appropriate for the benefit of the claimants to provide a separate ward.
6. In the light of the above, this Writ Petition is disposed of, by directing the respondents to consider the petitioner’s representation, dated
10.01.2018 on merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.
7. Registry is directed to list the matter on 07.01.2022, so as to report compliance of this order, on which date, the learned Special Government Pleader for the respondents shall apprise this Court as to what steps, the respondents have taken for the provision of separate wards for the persons/patients, who are being admitted in the Rajiv Gandhi Government General Hospital, for the purpose of obtaining Disability Certificate.
17.11.2021
sd/jd
Index : Yes/No
Note : Issue a copy of the order on
19.11.2021
To
1. The Secretary to Government,
Government of Tamil Nadu, Health Department, Secretariate, Chennai – 600 009.
2. The Dean,
Rajiv Gandhi Government General Hospital, Chennai – 600 003.
3. The Chairman,
Regional Medical Board,
Rajiv Gandhi Government General Hospital, Chennai – 600 003.
4. The Residential Medical Officer, Rajiv Gandhi Government General Hospital, Chennai – 600 003. 
Krishnan Ramasamy, J.,
sd W.P.No.6159 of 2018
17.11.2021