Don’t issue such certificates that can’t stand legal scrutiny: Himachal HC to medical officers

Don’t issue such certificates that can’t stand legal scrutiny: Himachal HC to medical officers

The court observed that a number of medical officers issue certificates to patients or people with disabilities with a note that the certificate would not be valid for court cases or for claiming compensation.

By: Express News Service | Shimla | Published: July 18, 2020 10:54:19 pm
Himachal HC, medical officers, shimla news, Himanchal news, indian express news The court has asked the additional chief secretary (health) to look into the matter and issue instructions to end the practice within four weeks. (Representational)

The High Court of Himachal Pradesh has directed medical officers in the state against issuing certificates which are not valid in a court of law, terming such certificates “nothing short of being false and fabricated”. The court observed that a number of medical officers issue certificates to patients or people with disabilities with a note that the certificate would not be valid for court cases or for claiming compensation.

“It is high time that there is an end to this practice. Or else, it would give impetus to medical officers whether they be government doctors or private practitioners to issue such certificates which have no judicial relevance and are inadmissible, and are, thus, nothing short of being false and fabricated certificates which can be grossly misusesd,” observed a division bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua while hearing a petition by a school lecturer from Sirmaur who challenged her transfer.

The court found no merit in her petition, but during the course of the hearing, it came to light that the lecturer’s disability certificate, issued by a chief medical officer, included a note which said the certificate would not be valid for court cases and for claiming compensations.

The court observed that certificates with such notes are being issued “day in and day out”, and questioned the rationale behind the practice.

“We are convinced that this note has been appended only with the intent that the officer issuing the certificate may not be hauled up before the court or tribunal, if eventually such a certificate is found to be false in whole or in part. The court cannot approve this,” the court noted.

The court has asked the additional chief secretary (health) to look into the matter and issue instructions to end the practice within four weeks.