The Gauhati HC has directed the Assam government's health department to ensure examination of a thalassemic patient and issue a disability certificate being sought by her to apply for a UGC fellowship to pursue her PhD studies.
The court observed that the petitioner is suffering from thalassemia, which is a recognised specified disability as per the schedule to the Rights of Persons with Disabilities Act, 2016.
Besides, she also belongs to the OBC category.
Hearing the case, Justice Ujjal Bhuyan also directed the UGC authorities on Tuesday to consider the case of the petitioner and extend the deadline of the application for her by another seven days from December 24 to December 31, 2018.
The judge directed the petitioner to appear before the joint director of health services Kamrup(Metro) within seven days for examination.
If she satisfies the required criteria, the certificate of disability should be issued to the petitioner within seven days from the date of appearance.
Sabrina Begum, the petitioner, is a thalassemic patient and a PhD scholar of 2017 of Tezpur Central University.
She had tried to apply for the National Fellowship for Persons with Disabilities (2012-2017) granted by the University Grants Commission (UGC) but was not able to produce a disability certificate supporting her application.
Sabrina, who has lost both her parents, approached the Disability Law Unit-North East of the NGO 'Shishu Sarothi' who filed a representation on her behalf before the directorate of health services requesting it to consider her case and issue a disability certificate on an urgent basis.
As there was no response from the health department, the NGO went on to file a writ petition in the Gauhati HC on December 3.
The petitioner's counsel submitted before the court that the health and social welfare departments would be relevant for certification under Section 57 of the Rights of Persons with Disabilities Act, 2016 though primarily it would be the health department.
Following a query by the HC, the health department counsel produced a copy of a notification issued last year by the secretary to the department stating that the joint director of health services of respective districts were the certifying authority under Section 57 of the Disability Act, 2016.
Justice Bhuyan after hearing the arguments said that as the petitioner is under treatment at the Gauhati Medical College and Hospital, the competent authority to issue a certificate is the joint director health services of Kamrup Metro district.
After due examination, the joint director of health services of Kamrup metro district must issue the certificate if the petitioner satisfies the criteria, the judge said..
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