Convene District-Wise Medical Boards To Assess And Issue Certificates To Children With Special Needs, Kerala High Court Tells Govt

Disposing of a writ petition filed by Non-Governmental Organisation Devashrayam Charitable Society, a Bench of Chief Justice S Manikumar and Justice Shaji P Chaly stated,

"Having regard to the plight of the differently abled children, their rights, and consequently issuance of certificates, so as to enable them to avail the benefits of any welfare measures, by the State/Central Governments, Directorate of Health Services, Thiruvananthapuram, the 2nd respondent, is directed to take appropriate decision and promptly too."

The petitioner, Devashrayam Charitable Society (the Society), moved the High Court seeking a direction to the respondents to convene Special Medical Boards in the State to assess the disability of children with special needs, and the issuance of disability certificate to them.

The Society submitted in Court that the District Medical Boards which usually assessed and certified disability were not functioning regularly after the onset of the pandemic. Many government schemes for children with special needs required the production of disability certificates during applications, it was stated. The failure to convene these Boards was hindering access to government grants, scholarships, and other benefits for these children, the Society averred in its plea.

In this light, the Society sought direction for District Boards to be constituted, or, if the pandemic prevented the same, the constitution of Special Boards on specific dates. The Special Boards could assemble on specific dates and assess and issue learning disability (LD) certificates to students who were scheduled to appear in SSLC (State School Leaving Certificate) and +2 examinations thereby allowing them to obtain the assistance of scribes during examinations.

Senior Government Pleader Tek Chand submitted in Court that District Medical Boards had already been constituted on certain dates. Apart from this, special drives had been conducted in in Palakkad, Ottappalam, Pattambi, Mannarkad and Alathur to issue LD certificates for the upcoming examinations. The District Hospital at Palakkad was conducting weekly camps for the issuance of these certificates as well, the State informed the Court.

At this, the Counsel for the Petitioner Advocate Vinod Vallikappan sought that specific dates be allotted to conduct such drives.

The Court refused this request, stating that it was not advisable for the Court to fix a date for children to be assembled at a place in view of the pandemic.

The Court said,

"we are of the view that, it would not be advisable for us, to fix any specific date, for conducting special drive for examination, for issuance of appropriate certificates, and in the said circumstances, it would be desirable to leave it to the Directorate of Health Services, Thiruvananthapuram, the 2nd respondent, to fix any date / dates, for examination of children, and issuance of necessary certificates."

The Court took note of additional submissions made by the State which recorded that around 22545 children were yet to be examined, and that the Additional Director of Health Department was seeking to draw up a panel of Clinical Psychologists for the purpose of assessing children for subsequent examination by the medical board.

In this light, the Court directed the DHS to explore the possibility of fixing specific dates to convene Medical Boards in every district, in addition to the examination already conducted every Wednesday and other special drives to issue certificates.

Taking note of the postponement of the SSLC/+2 examinations, the Court instructed the DHS to consider issuing directions to District Medical Officers calling upon clinical psychologists to examine and identify children who could be later examined by the medical board.

With these directions, the writ petition was disposed.