MAHABIR SINGH Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Cites Clause (iv), Para.3 of the Inter District Transfer Policy 2015 (Annex P-3), which lays down the 'Order of Preference' for interdistrict transfers. In terms of such clause, teachers suffering from terminal diseases i.e. Cancer/AIDS etc. or from chronic illness of a serious nature, which requires special medical treatment and constant care of their family members, shall be considered for inter-district transfer. The Government considers valid only certificates issued by the Pandit Bhagwat Dayal Sharma PGIMS, Rohtak (Government of Haryana) or Post Graduate Institute of Medical Science and Research (PGIMER), Chandigarh or AIIMS, Delhi. No other illness/disease shall be considered for the purpose.

(2.) The request made by the petitioner is under Clause (iv) of Para.3. The medical certificate relied upon by the petitioner before the Government and in this petition has been issued on 01.09.2015 by the Senior Professor & Head, Department of Cardiology, PGIMS, Rohtak (Annex P-2) expressing the opinion that the petitioner's father Dheer Singh is a known case of Dilated Cardiomyopathy (DCM), which is a chronic disease and his illness is of a serious nature, which requires special medical treatment and constant care by their family members, repeating the words in the policy. Apparently, the certificate has not been issued by the competent authority at PGIMS, Rohtak and is in fact meant to be 'Confidential' and at best it can be regarded as opinion of a senior medical doctor, but not authenticated by the institution or issued under its seal to give authority to it.

(3.) This is not to dispute the illness of the father, but only to see whether the medical certificate it falls strictly within provisions of the interdistrict transfer policy and the terms stipulated therein. Besides, it has been issued in 2015 and the present transfer has been made on 01.04.2016 and the present recorded status of the medical condition of the father of the petitioner is not known.