PREETI MEHTA Vs. JUDGE MACT KISHANGARH

JUDGEMENT

(1.) THIS appeal has been preferred against the order of the learned Single Judge who has been pleased to dismiss the writ petition filed by the appellant imposing cost on the petitioner/appellant herein who had appeared in person.

(2.) THE circumstances under which the writ petition was dismissed with cost discloses that the petitioner being a member of Kishangarh Bar Association challenged the direction issued by the Presiding Officer, Motor Accident Claims Tribunal, Kishangarh (Ajmer) vide his letter dated 3rd August, 2004. Vide the impugned letter, the Presiding Officer had issued instructions to the Principal Medical Officer, Government Yagya Narain Hospital, Kishangarh to constitute a Board for medical examination of medico legal cases. Obviously, since the Presiding Officer in his experience noticed that bogus medical certificates and injury reports were issued by a single doctor, the Presiding Officer as per Rule 2 (i) of the Rajasthan Employment of the Persons with Disabilities Rules, 2000 (hereinafter referred to as `the Rules') issued instructions that a Medical Board of three medical officers out of which at least one shall be a specialist not below the rank of Associate Professor or Junior Specialist in particular field be constituted for adjudging the disability of the affected persons. THE appellant for the reasons best known to her felt aggrieved of this order and filed the writ petition challenging the order of the Presiding Officer before the learned Single Judge on the ground that under Rule 10. 2 (3) of the Rajasthan Motor Vehicles Rules, 1990, a certificate of disability can be issued by a single medical officer which is indicated in the prescribed proforma. THE learned Single Judge issued notice on this plea of the appellant to the Presiding Officer which was explained on behalf of the Presiding Officer, MACT, Kishangarh (Ajmer) that in order to check the issuance of false medical reports as also to ensure genuineness and veracity of the medical certificates/disability certificates/injury reports issued by a single doctor which many a times was found to be fake and concocted, had prompted the Presiding Officer to issue direction for issuance of such medical certificates by the medical Board. Learned Single Judge appreciated this step of the Presiding Officer and obviously felt that the writ petition challenging such order of the Presiding Officer was motivated and, therefore, dismissed the writ petition imposing a cost of Rs. 5,000/- on the petitioner who was appearing in person.