LAKSHMI JAYAKUMAR v. STATE OF KERALA

BY ADV. SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

11.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7469 OF 2024 -2- JUDGMENT The petitioner impugns Ext.P15 Certificate of Disability issued to her, on various grounds, including that, one of the doctors therein may not have assisted her properly for certain reasons, which she has disclosed in the Memorandum of this writ petition.

#2. I do not propose to go into the merits of the afore assertions of the petitioner, but, prima facie, feel that she is justified in having approached this Court because, Ext.P3 Certificate earlier issued to her - while she was 19 years old - speaks contrary to what has been stated in Ext.P15. Obviously, the petitioner must be given the opportunity to assail Ext.P15; but the question is whether it is before this Court, or before the competent Appellate Authority. WP(C) NO. 7469 OF 2024 -3-

#3. Smt. Vidya Kuriakose – learned Government Pleader, in response, submitted that there is a statutorily constituted Appellate Body, attached Medical College Hospital, Thiruvananthapuram, who can consider the appeal to be filed by the petitioner, if any, against Ext.P15; and that it will be evaluated in terms of law, adverting to Ext.P3 Certificate and every other document to be produced by her. She added that none of the Authorities have anything against the petitioner and will certainly do what is necessary, as permitted in law, in her favour.

#4. Sri. Peter Jose Christo – learned counsel for the petitioner, acceded to the afore suggestion; however, adding that the primary reason why his client has been constrained to approach this Court is because one of the doctors who issued Ext.P15 did not act WP(C) NO. 7469 OF 2024 -4- dispassionately. He pointed out that, in fact, an earlier Certificate, issued by a Board in which he was a member, namely Ext.P10, had already been set aside by this Court. Taking note of the afore submissions, I allow this writ petition, leaving liberty to the petitioner to file an appropriate appeal against Ext.P15 before the Appellate Medical Board, attached to the Government Medical College, Thiruvananthapuram, through its Superintendent; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, same shall be considered, after affording her an opportunity of being heard and assessing all relevant documents, particularly Exts.P3 and P4; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than one month from the date on which the said WP(C) NO. 7469 OF 2024 -5- Appeal is preferred. I reiteratingly clarify that I have not entered into the merits of any of the rival contentions of the parties; and that every contention of the petitioner will be properly assessed by the Appellate Medical Board during the afore exercise. I also deem it necessary to clarify that this Court has not found in favour of the petitioner conclusively regarding the allegations made against the doctor, and I deem it necessary not to do so on account of the afore directions. Sd/- DEVAN RAMACHANDRAN JUDGE WP(C) NO. 7469 OF 2024 -6- APPENDIX OF WP(C) 7469/2024 PETITIONER EXHIBITS EXHIBIT -P1 EXHIBIT -P2 EXHIBIT -P3 EXHIBIT-P4 EXHIBIT-P5 EXHIBIT-P6 EXHIBIT-P7 TRUE COPY OF THE LLM CERTIFICATE OF THE PETITIONER ALONG WITH THE MARK LIST THEREOF. TRUE COPY OF THE JUDGMENT DATED 19.03.2021 OF THIS HON'BLE COURT IN W.P.(C)NO.1904/2021. TRUE COPY OF THE MEDICAL CERTIFICATE DATED 24.02.2015 ISSUED BY THE MEDICAL BOARD ATTACHED TO THE GENERAL HOSPITAL, ERNAKULAM ALONG WITH THE OUTPATIENT REGISTRATION CARD. TRUE COPY OF THE CERTIFICATE OF SPECIFIC LEARNING DISORDER DATED 14.02.2018 THE ISSUED SUPERINTENDENT, GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOTTAYAM. BY TRUE COPY OF THE RELEVANT EXTRACT OF THE GOVERNMENT OF INDIA GAZETTE NOTIFICATION DATED 05.01.2018. TRUE COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL BOARD OF GOVT. GENERAL HOSPITAL, KOTTAYAM. TRUE COPY OF THE COMPLAINT DATED 21.09.2020 FILED BY PETITIONER'S MOTHER BEFORE THE COMMISSIONER FOR PERSONS WITH DISABILITIES, GOVERNMENT OF KERALA. EXHIBIT-P8 TRUE COPY OF THE APPLICATION DATED 07.07.2021 FILED BY THE PETITIONER'S MOTHER BEFORE THE 3RD RESPONDENT. WP(C) NO. 7469 OF 2024 -7- EXHIBIT-P9 EXHIBIT-P10 EXHIBIT -P11 EXHIBIT-P12 EXHIBIT-P13 EXHIBIT-P14 EXHIBIT-P15 TRUE COPIES OF THE TOKEN NOS.25, 13 AND 75 PUT TOGETHER EVIDENCING THAT THE PETITIONER ATTENDED THE HOSPITAL ON 19.02.2021, 29.07.2021 AND 03.08.2021. TRUE COPY OF THE CERTIFICATE OF DISABILITY DATED 18.08.2021 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. TRUE COPY OF THE RELEVANT EXTRACT OF GAZETTE DATED 11.12.2020. NOTIFICATION TRUE COPY OF THE JUDGMENT DATED 09.11.2023 IN W.P.(C)NO.20335/2021 OF THIS HON'BLE COURT. TRUE COPY OF THE REPRESENTATION DATED 07.12.2023 SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF GOVERNMENT MEDICAL COLLEGE, KOTTAYAM. TRUE COPY OF THE SPEED POST ACKNOWLEDGMENT CARD TRUE COPY OF THE CERTIFICATE NO.G1/1520/2023/ DATED 10.01.2024 OF THE MEDICAL BOARD, GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOTTAYAM. MCHG