Thahsmeen Taj A vs The Managing Director & Ors.

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present intra-court appeal has been filed impugning the order dated 22.06.2026 passed by the Writ Court in W.P.No.18464/2024 filed by the appellant.

The petitioner is employed as a Conductor in the Karnataka State Road Transport Corporation^{11.Hereinafter referred to as 'the Corporation' for short}. According to the petitioner, she suffers disability as defined under the provisions of the Rights of Persons with Disabilities Act, 2016^{22.Hereinafter referred to as 'the Act' for short}. He, therefore, requested the respondent/Corporation to assign her light work in terms of Section 20(4) of the Act.

The assertion of the petitioner that she suffers from disability, was disputed by the Corporation. To establish that she comes within the persons with disability as defined under the provisions of the Act, she had produced her Disability Certificate before the Corporation. However, Corporation found that the Certificate was not as per the norms prescribed by this Court. Considering the fact to assess the petitioner's disability, to take the benefit of Section 20(4) of the Act, the Writ Court directed the petitioner to appear before the Superintendent of Bowring and Lady Curzon Hospital on 20.07.2026 at 10.30 a.m. for her examination and assessing her disability.

It appears that the petitioner had appeared on 20.07.2026, but according to the petitioner she was not assessed for her disability.

Considering the said fact that the petitioner's disability has not been assessed, as directed by the Writ Court vide impugned order, we deem it appropriate to dispose of this appeal with a direction to the Medical Superintendent of Bowring and Lady Curzon Hospital to constitute a Medical Board to assess the disability of the petitioner/appellant. Accordingly, the appeal is disposed of. The petitioner/appellant is directed to appear before the Superintendent of Bowring & Lady Curzon Hospital on 12.08.2026 for her disability assessment by a Medical Board. The Hospital will issue Disability Certificate based on the findings of the Medical Board.

Let the copy of this Order be communicated to the Medial Superintendent of Bowring and Lady Curzon Hospital by Mr.Sudev Hegde, learned AGA for necessary compliance.