Marutesh S/O Veerabhadrappa Betageri Vs the… — Writ and Judicial Review | Karnataka HC (2026)

Marutesh S/O Veerabhadrappa Betageri Vs the… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petitioner to be continued in the alternative lighter post in the interregnum until a final decision; he must undergo fresh medical board examination and submit a disability certificate in the prescribed form with requisite specifications within 6 weeks; the Corporation must then pass appropriate orders in accordance with law within 4 weeks of submission. The writ petition stands disposed of with these observations and directions.

Issue for consideration

Whether the respondent-Corporation was justified in insisting on a fresh medical certificate/disability certificate as a precondition for the petitioner's continuation in the alternative lighter post, despite the subsisting Medical Board disability certificate dated 31.12.2017.

Court's answer

Applying the principles laid down in Leelavathi N.P., this Court held that the respondent-Corporation is justified in seeking a disability certificate strictly in conformity with the statutory requirements and judicial directions.

Ratio / Principle

The petitioner cannot be deprived of the benefit of lighter work pending such verification, and is directed to undergo medical examination by the competent medical board and submit a fresh disability certificate in the prescribed form containing the requisite specifications within 6 weeks from receipt of the copy of the order.

Key takeaways

Upon submission of the disability certificate, the respondent-corporation is to consider it and pass appropriate orders in accordance with law within 4 weeks thereafter.ratio¶59
In the interregnum, the respondent-Corporation is directed to continue the petitioner in the alternative lighter post until a final decision is taken on the basis of the disability certificate to be furnished by the petitioner.ratio¶60

Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench (Mrs Justice K.S. Hemalekha), Writ Petition No. 110126 of 2025 (S-KSRTC), oral order dated 21 January 2026 - disposed of. Marutesh, a KKRTC driver certified by the Medical Board (certificate dated 31.12.2017) as having 50-55% permanent locomotor disability due to spinal canal stenosis and unfit to drive, had been accommodated in an alternative lighter post pursuant to the Corporation's circular. He challenged the Corporation's endorsement dated 09.12.2025 (Annexure-H) restricting the lighter job till 27/11/2025 and demanding a fresh medical certificate for continuation. Relying on Leelavathi N.P. Vs. The Managing Director, W.P.No.5622/2022 (disposed of 05.07.2023), whose norms require specification of the affected body part, issuance in Forms VI & VII of the Rights of Persons with Disability Rules, 2017, and the not-less-than-40% benchmark under Section 2(r) of the Rights of Persons with Disabilities Act, 2016, the Court held the Corporation justified in seeking a disability certificate strictly conforming to statutory requirements and judicial directions, but directed that the petitioner not be deprived of lighter work pending verification: fresh certificate within 6 weeks, Corporation to pass appropriate orders within 4 weeks thereafter, and continuation in the lighter post in the interregnum until a final decision.

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NC: 2026:KHC-D:693 WP No. 110126 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21^ST DAY OF JANUARY 2026 BEFORE

THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 110126 OF 2025 (S-KSRTC)

BETWEEN:

MARUTESH S/O. VEERABHADRAPPA BETAGERI AGE: 46 YEARS, OCC: DRIVER, R/O. MUDHOL VILLAGE, TALUK: YELBURGA - 583 236, DIST: KOPPAL.

…PETITIONER

(BY SRI. ABHISHEK KALLED, ADVOCATE)

AND:

THE DIVISIONAL CONTROLLER KALYAN KARNATAKA ROAD TRANSPORT CORPORATION (KKRTC), KOPPAL DIVISION, DIST: KOPPAL – 583 231.

…RESPONDENT

(BY SRI. PRAKASH HOSAMANI, ADVOCATE)

MANJANNA

E

Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.03 10:49:15 +0530

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT DATED 09.12.2025 IN ¸ÀA.PÀPÀgÀ¸Á¤/PÉÆ«/¹§âA¢/¹-3/2081/2025 ISSUED BY THE RESPONDENT AS PER ANNEXURE-H IN RESTRICTING THE LIGHTER ALTERNATIVE JOB TILL 27/11/2025; ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONTINUE AND CHANGE THE PETITIONER’S POST TO THE ALTERNATIVE POST OF LIGHTER JOB PERMANENTLY AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

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ORAL ORDER

Heard Sri Abhishek Khalled, learned counsel appearing

for the petitioner and Sri Prakash Hosmani, learned counsel appearing for the respondent.

Perused the material on record.

The petitioner has assailed the endorsement

dated 09.12.2025 (Annexure-H), issued by respondentCorporation, whereby the petitioner has been directed to submit a fresh medical certificate in order to continue in the alternative lighter post already granted to him.

The case of the petitioner is that he was working

as a driver with the respondent-corporation and was diagnosed with spinal canal stenosis, resulting in permanent locomotor disability to an extent of 50-55% as certified by the Medical Board vide disability certificate dated 31.12.2017. The Medical Board opined that the petitioner was unfit to discharge duties as a driver and recommended that he be accommodated in a lighter alternative post.

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Acting upon the said medical opinion and in terms of the circular issue by the Corporation, the petitioner was provided with an alternative lighter post.

Learned counsel for the petitioner contends that despite the subsistence of a valid disability certificate issued by the competent medical board, the respondent has issued impugned endorsements insisting upon submission of a fresh medical certificate as a precondition for continuation in the lighter post. It is contended that such insistence is arbitrary, unsustainable and contrary to the circular governing accommodation of disabled employees, particularly when there is no allegation of improvement in the medical condition of the petitioner.

Per contra , learned counsel for the respondentCorporation places reliance upon the judgment of this Court in Leelavathi N.P. Vs. The Managing Director¹

(“Leelavathi N.P.”) and submits that this Court has

1 W.P.No.5622/2022 disposed of on 05.07.2023.

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prescribed specific norms regarding the contends and form of disability certificate. It is further contended that the petitioner has produced a subsequent certificate indicating disability of 43%, which is inconsistent with the earlier certificate indicating disability of 50-55% and therefore, the respondent was justified in insisting upon a fresh medical examination by the medical board.

This court has carefully considered the rival submissions and perused the records.

In Leelavathi N.P. this Court has held at paragraph Nos.6 and 7 as under:

6. In addition to above mentioned norms, this Court while disposing of W.P. No.16755/2022 has issued the following details to be furnished:

(k) to contain the specifications of the disability of particular part of the body and the materials relied to arrive at such a conclusion.

(l) The details furnished to be legible and readable to the common man.

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7. A person with a disability means a person suffering not less than 40% of a specified disability as envisaged under Section 2(r) of the Disability Act, 2016. The said certificate of the disability to be in the prescribed Form Nos.VI and VII of the Right of Person with Disability Rules, 2017. In light of the norms specified above, the petitioner to undergo medical examination and the disability certificate to be obtained with the said specifications and on submission of the disability certificate by the workman the respondent-authority is at liberty to look into the aspect and pass necessary orders in accordance with law.

This Court has held that the disability certificate

must contain clear specifications regarding the nature and

extent of the disability of the particular body part, the certificate must be issued in accordance with Forms-VI & VII prescribed under the Rights of Persons with Disability Rules, 2017 (“Rules 2017” for short) and a person suffering from not less than 40% falls within the definition of a person with “disability” under Section 2(r) of Rights of Persons with Disabilities Act, 2016.

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In light of the principles laid down in the aforesaid decision, this Court is of the view that the respondent-Corporation is justified in seeking a disability certificate strictly in conformity with the statutory requirements and judicial directions. However, at the same time the petitioner cannot be deprived of the benefit of lighter work pending such verification. Accordingly, the petitioner is directed to undergo medical examination by the competent medical board and submit a fresh disability certificate in the prescribed form and containing the requisite specifications, within a period of 6 weeks from the date of receipt of the copy of this order.

Upon submission of the disability certificate, the respondent-corporation to consider the same and pass appropriate orders in accordance with law within a period of 4 weeks thereafter.

In the interregnum, the respondent-Corporation is directed to continue the petitioner in the alternative

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lighter post, until a final decision is taken on the basis of the disability certificate to be furnished by the petitioner.

With the above observation and direction the writ

petition stands disposed of.

Sd/JUSTICE K.S.HEMALEKHA

EM Ct:VH List No.: 1 Sl No.: 18