High Court · 2025

Petition under Section 1 5't CPC praying that in the cirr;umstances stated in the affidavit filed in support of the petition, the High Court ma'y be pleased to lay down an online procedure in SADAREM (Software for assessment of Disabled for access Rehabilitation and empowerment) Software (in E-Seva and Mee-Sena) so as to enable the'Haemohilics to apply and avail employment and educational reservations under (Haemophilic) Disability quota pending the Cisposat of the main Writ Petition (PlL) Counsel for the Petitioner: SRl. P NITHYA NAGESWARI Counsel for the Respondents: SRI MOHAMMED IMRAN KHAN ADDITIONAL ADVOCATE GENERAL The Court made the following: ORDER THE HONOURABLE THE ACTING CHIEF WSTICE SUJOY PAUL AT{D THE HONOURABLE SMT. (IUSTICE RENT'KA YARA WRIT PETITION IPILI No.lO9 OF 2O2l ORDER lOrall: (Per Hon'ble The Acting Chief Justice) Ms. P. Nithya Nageswari, learned counsel for the petitioner and Sri Mohammed Imran Khan, learned Additional Advocate General for respondents/ State

2. In this Public Interest Litigation, the following relief is claimed: "Therefore, it is prayed that keeping in view that the Haemophilia is a rare incurable but manageable hereditary lifelong sex linked genetic bleeding disorders of the blood clotting factors which occurs mostly in males and when severes it leads to a tendency to bleed spontaneously particularly in joints and muscles, this Honble Court may be pleased to issue a writ, order or a direction more particularly one in the nature of a Writ of Mandamus to implement the Central Act dated 2a-12-2O16 (The Gazette of India) as expeditiously as possible and pass such other order or orders as this Hon'ble Court deems l'it and proper in the interest of justice."

3. Learned counsel for the petitioner submits that the act namely the Right of persons with disabilities Act, 2016, has not been implemented in the State of Telangana, despite the fact that G.O.Ms.No.5, dated 13.06.2018 has been issued, It is submitted that the persons those who are suffering from Hemophilia disease may be permitted to prefer an online application and respondents 2 ,l may be directerl to examine them and issue apprl priate certificate within stipulate d time as decided by this Court.

4. Learned Addttional Advocate General pletc'ed reliance on paragraph Nos.3, 4 and 6 of the counter hled b5'the State which reads thus: "3. It is res oectfully submitted that after enactn'r(lnt of Rights of persons rvith Disabilities Act, 20 16 based on lhe provisions of the said Act. Government of [ndia issued g-rideiines for evaluation of various disabilities and procedure lor certif-rcation, Government of Tclangana vide G.O.Ms.No.5 dt. 13.06.20 18 of Department for Women, Chilc.ren, Disabled and Senior Citizens (Schemes) issued guidelines for evaluqtion of various d isabilities and procedure for certihcation, in which disability c:rused duc to blood disorder i.e- hemophilia is also covered. 4, It is respectfully submitted that meetings are g;oing on with the Directcr, Medical and Health department for issue of SADARAM Certihcates for the added (14) categories of disabilities under Rights of Persons with disabilities, 2016, including the persons suffering from Hen-rophilia. The certificates for the newly added (Ia) categories ale to be issued after finalization of the procedure for issue of SADAREM certificates and the benefits to be provided to the persons under (14) added categories of disabled persons. It would not be out of rlace to mention here that as per G.O.Ms.No.3, dt.01.05.20 18 the Rules under The Rights o' Person with Disabilities Act 2016 (Central Act No.49 of 2O 1€,) were passed and copy of the said Rules is enclosed herewit-r for the kind perusal of this Hon'bie Court. Further G.C'. Ms.No.8, dt. 16.08.2018 notifying there under the variotLs forms and procedure for issuance of certihcates of dis;eLbility under various cat,:gories is enclosed herewith for the kir-rd perusal of this Hon'bl: Court. Form No.VI and Form No.\/ll at Sl.No. 19 respectively and categoricall5' specihes and 17 ' HAEMOPH ILIA'. Further, it is submitted that ()IIAPTER vI of thc Rights of Persons with Disabitities Act, 20 L{r says about the educatiln of the persons with disabilities as under: _l SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITES

3. Free education for children with benchmark disabilities'-(1) Notwithstanding anything contained in the Rights of Children to Free and Compulsory Education Act, 2OO9 (35 of 2009)' every child with benchmark disability between the age of six to eishieen vears shall have the right to free education in a .r5ghborihood school, or in a special school, of his choice' (2) The appropriate Government and locai authorities shall ensure thal evLry child with benchmark disability has access to free education in an appropriate environment till he attains the age of eighteen Years. 2. Reservation in higher educational institutions'-(1) An Government institutions of higher education and other higher education institutions receiving aid from the Government shall reserve not less than five percent seats for persons with benchmark disabilities. (2) The persons with benchmark disabilities shall be given an ,-,pp". .g" relaxation of five years for admission in institutions of higher education. Necessary orders for implementation of free education to the children ,pto th. age of i8 years and also for implementation of reservation in admissioni in higher education courses will be considered basing on the disabitity certihcates for the newly added (i 4) categories of disabilities persons as per the p.ouLior" of irigfrts oi p.."o.r" with Disabilities Act' 2016' lt i" ,t"o being p'iaced on record that by way of passing of aforesaid Ruies and procedure as well as forms for issuance of certificates th; Staie is serious in providing as well as implementing of the Central Act i'e', Rights of Persons with Disabilities Act 2016 and the definitions as mentioned under Section 2, subsection (ZC) specihcally states that "specihed disability"' means the disabilities as specified in the schedule 'The Schedule' under clause 4(b) under the sub- ..ri ,"i.i heading (b) Blood disorder lists 'haemophilia''

5... 6. It is respectfully submitted that after hnalization discussions, SADARAM certihcates will be issued to persons suffering from Hemophilia after approval of - * 4 .1 \ guidelines by the Medical and health Departmenl, as the software wzrs already developed for issuing 21 ,:ategories of disabilities.''

5. In addition, learned Additional Advocate General made a categorical sta,.ement that G.O.Ms.No.5, dated 13.06.2018 has already been ir.eplemented. The only dehciency is; that there is a technical glitch for issuing of the certiflcates to the persons suffering with t-remophilia. He further made a r:andid statement that the glitch u,ill be taken care of and onlinr: application of affected persons will be accepted and necessary certificates shall be issued on or before 15tt June, 2O25.

6. Learned counsel for the petitioner expresseci her satisfaction, but stated that the date for issuing of aforesaid certificates may be kept in the first week of June, 2025 in place of 1Sti June, 2O25.

7. We deem it proper to accept the prayer of the learned Additional AdvcLcate General. Thus, it is directe,l that the online applications prt:ferred by the affected persons be ,:ntertained and aJter considering their case by the appropriate M,:dical Board, the necessary certilicates be issued to them on or trefore 15th June,

2025. Now, rrothing remains for adjudication in this Public Interest LitigAtion. )

8. Accordingly, the Writ Petition (Public Interest Litigation) is disposed of. There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed' /TTRUE COPY// SD/.K.AMMAJI EPUTY REGISTRAR SECTION OFFICER To, 1 rh e co m m isjq ione r,rh e,?Se Disabilities, Senior Citize Hyderabad B?11?Sl 3J sSB:E:H"S'".' I": !X"&Hit,",", ", '3:::J?31il',:Slf, '?h?"dlfi Bf; :I:"i853:ll'Y$'":J{i:""fi R/lt3:13'3hYg"' H No 4-5-70' Govt' orrerangana' surtan Hyderabad, State of Telangana' ' *:f:ffillt3[5!,tTi]lYnY."jlffi 4. Director of Medical Education'-Office of the DM and HS Campus' H No 4-5- - 7s, iiii, Stite ofrelansana-soo oes' 5. One CC to SRl. P NITHYA NAGESWARI Advocate [OPUCI 6.TwoCCstoADVOCATEGENERAL,HighCourtfortheStateofTelangana.

7. Two CD CoPies KKS LS w \ HIGH COURT DATED:1710412025 ORDER WP(P!L).No.109 of 2021 t oa TH5 S lq ? I Arlt 2r, o l- L o U + t'41 1 ..6"' .,/.,, DISPOSING THE WRIT PETITION WITHOUT COSTS }rt se{ "e