Tapas Mishra v. State Of West Bengal And ORS.

22-03-2024 ct no. 13 Sl. 5 sp WPA 2486 of 2023 Tapas Mishra -VersusThe State of West Bengal & Ors.

Mr. Pijush Kanti Khanra, Mr. Arpayan Mukherjee ..for the petitioner Mr. Bhaskar Prasad Vaisya, Mr. Shamim ul Bari, Mr. Sagnik Chatterjee ...for the State Mr. Ranjan Saha ...for the DPSC, Paschim Medinipur 1.

The SSKM Hospital has submitted a report indicating that the petitioner's level of disability is to the extent of 19% only.

Admittedly, the petitioner has disability in one finger in the hand.

2.

The petitioner as well as the State shall be entitled to copies of the report of the SSKM Hospital.

3.

Liberty is, however, reserved to the petitioner to challenge the report of the SSKM Hospital in accordance with law in any independent proceeding.

4.

The disability certificate dated 17.07.1996 issued by the Superintendent, District

Hospital, Medinipur, shall stand quashed and set aside.

5.

Since the 19% disability does not come under the physically handicapped category, the writ petition being WPA 2486 of 2023 shall stand dismissed.

6.

There shall be no order as to costs.

7.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)