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2026 DAILYLAW 23877 (KAR)

B S SUNIL KUMAR v. THE MANAGING DIRECTOR

WP/16521/2024 · 2026-06-24

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31416 WP No. 16521 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 16521 OF 2024 (S-KSRTC) BETWEEN: B.S.SUNIL KUMAR, S/O. LATE SHIVA KUMAR, AGED ABOUT 41 YEARS, R/AT BHEMSANDRA VILLAGE, HANDANAKERE HOBLI-572 119. CHIKKANAYAKANAHALLI, TUMKUR DISTRICT. …PETITIONER (BY SRI. M.C.BASAVARAJU, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, K.S.R.T.C., CENTRAL OFFICES, K.H. ROAD, SHANTHI NAGAR, BENGALURU-560 027. 2. THE DIRECTOR, (ESTABLISHMENT AND VIGILANCE) THE CHAIRMAN THE COMMITTEE FOR VERIFICATION OF DISABILITY, SHANTHI NAGAR, BENGALURU-560 027. 3. THE DIVISIONAL CONTROLLER, K.S.R.T.C., TUMKUR DIVISION, TUMKUR-572 101. 4. THE DIRECTOR, GOVERNMENT OF KARNATAKA, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31416 WP No. 16521 of 2024 DEPARTMENT OF HEALTH AND FAMILY WELFARE, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. (AMENDED CAUSE TITLE VIDE COURT ORDER DATED 05.12.2024) 5. THE CHAIRMAN, THE MEDICAL BOARD, SANJAY GANDHI INSTITUTION OF TRAUMA AND ORTHOPAEDICS, 1ST BLOCK, BYRASANDRA, JAYANAGAR, EAST BENGALURU-560011. (AMENDED CAUSE TITLE VIDE COURT ORDER DATED 08.04.2026) 6. THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF HEALTH AND FAMILY WEALFARE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. (AMENDED CAUSE TITLE VIDE COURT ORDER DATED 17.06.2026) …RESPONDENTS (BY SMT. RENUKA H.R., ADVOCATE FOR R1 TO R3; SRI. K.P.YOGANNA, AGA FOR R4 AND R6; SRI. PREETHAM JUDE CORREA, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: - 3 - HC-KAR NC: 2026:KHC:31416 WP No. 16521 of 2024 ORAL ORDER Sri.M.C.Basavaraju, counsel for the petitioner and Smt.H.R.Renuka, counsel for the respondent Nos.1 to 3, Sri.K.P.Yoganna, counsel for respondent Nos. 4 and 6 and Sri.Preetham Jude Correa, counsel for respondent No.5 appeared in person. 2. The petition is listed today for orders, with consent, it is heard finally. 3. This petition is filed seeking, inter alia, a direction to the respondent-Corporation to assign light work to the petitioner in terms of Section 20(4) of the Rights of Persons with Disabilities Act, 2016, with pay protection, having regard to the facts and circumstances of the case. 4. Counsel for the respective parties urged several contentions. 5. Sri.M.C.Basavaraju, counsel in presenting his arguments vehemently contended that pursuant to the order passed by this Court, the petitioner was subjected to medical examination twice. Hence, there is no need to get him - 4 - HC-KAR NC: 2026:KHC:31416 WP No. 16521 of 2024 examined once again. He argued by saying that the Sanjay Gandhi Institute has certified that the petitioner cannot perform duty as a driver and can only perform light duty work. 6. By way of reply to this contention, counsel Smt.Renuka H.R. submits that the disability certificate issued by Sanjay Gandhi Hospital is not in consonance with the order passed by this Court in W.P.No.22026/2023. 7. The Court has heard the arguments and perused the papers with care. 8. Pursuant to the medical norms issued by this Court, a disability certificate was issued to the petitioner. However, it is evident from the said certificate that the norms prescribed by this Court have not been substantially complied with. Accordingly, this Court deems it appropriate to direct the petitioner to appear before the Superintendent, Medical Board, ESIC Medical College and Model Hospital (Rajajinagar), on 20.07.2026 at 10:30 a.m., without fail, for fixing a date for examination by the Medical Disability Board, ESIC Medical College and Model Hospital (Rajajinagar). - 5 - HC-KAR NC: 2026:KHC:31416 WP No. 16521 of 2024 9. The Writ Petition is, therefore, disposed of with the following observations and directions: i. The Medical Board shall conduct the examination and issue a reasoned disability certificate within 30 days from the date of such examination, and forward a copy thereof to the respondent-Corporation. ii. The Medical Board shall issue the disability certificate strictly in consonance with the norms set forth by this Court in W.P.No.8322/2022. iii. The petitioner shall furnish the disability certificate to the Corporation. iv. The Corporation shall decide based on the certificate and issue an endorsement to the petitioner. v. The Corporation shall not take any precipitate action regarding the assignment of light-duty work to the petitioner till they take a decision on the disability certificate. vi. The Additional Government Advocate shall intimate the Superintendent, Medical Board, ESIC Medical College and Model Hospital (Rajajinagar), - 6 - HC-KAR NC: 2026:KHC:31416 WP No. 16521 of 2024 regarding the disposal of this petition and the petitioner’s appearance on 20.07.2026. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 25