CUTTACK: The Orissa High Court has expressed disinclination to entertain a batch of petitions related to issuing of disability certificates, but directed the State Board to conduct reassessments of cases with videography.
The petitions had challenged the validity of the decision of State Appellate Medical Board (SAMB) after reassessment of the disability of the petitioners certified by the district medical authority (DMA).
The grievance was against the SAMB's reduction of disability percentage identified by DMA. In a common judgement, the Single Judge bench of Justice SK Panigrahi said, "In the absence of any legal or enforceable right on the part of the petitioner, this court is not inclined to entertain the writ petition. Accordingly, all the writ petitions stand dismissed."
However, Justice Panigrahi asked SAMB to conduct disability reassessment with necessary arrangements for videography of the same. "Videography of the assessment procedure would not only aid in digitalisation of databases, but also act as evidence when the concerned procedure is challenged by an aggrieved person on grounds of fairness and appropriateness," he observed.
Justice Panigrahi also said, "The Appellate Medical Board is required to be equipped with such videography facility. Additionally, the members of the Medical Board constituted for the purpose of re-assessment must be meticulous with the disabilities pertaining to distinct organs of the human body."
"The assessment process must be as simple as possible. It must not cause any difficulty or trauma or even the least burden to the individual concerned. It is clinically appropriate that assessment for issuing such certificates is done by doctors and experts proficient in treating and examining persons with disability as mandated by the Act. Further, the Board Members should examine actively and not curiously as they perform a statutory duty," he added.