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A Delhi High Court bench of Justice C. Hari Shankar in the case of Shivani v ESIC directed the Employees State Insurance Corporation to issue "Ward of Insured Persons Certificate" to the petitioner's daughter Ms. Ashi so that she could secure admission in the MBBS course for the academic year 2019-2020.
The court remarked that just because the employer didn't file returns in time, the employee cannot be made to suffer for the same. There exists a proper "remedial mechanism" if employer is causing delay in the filing of returns. “If an employer fails to contribute within the periods specified under Regulations 31, the Corporation, besides charging interest, may recover damages, too, as mandated under Regulation 31- C.”
The petitioner is an insured person within the meaning of Clause (14) of Section 2 of the ESIC Act. “E-Pehchan” cards were issued to the petitioner and her two daughters, one of whom is Ms. Ashi. After having successfully cleared her Senior Secondary Examination, she had appeared and cleared the Undergraduate National Eligibility Entrance Test-2018 (UG-NEET), for the purpose of admission to the MBBS course. Candidates who clear this examination are also eligible for admission to medical/dental colleges established and administered by the ESIC.
On 26th May, 2018, the petitioner applied to the ESIC for a WIP certificate, the request for which was reiterated on 6th June, 2018. The petitioner then applied on 8th June, 2018, under the Right to Information Act, 2005. The response from the ESIC was that filing of return of contribution was necessary within stipulated time for the issuance of the ward certificate as per ESIC guidelines, and non compliance of the same would lead to its denial. Thus, aggrieved by this, the petitioner moved the Court for relief, by means of the present writ petition.
The Court disposed of the petition keeping in mind the loss of one year of the petitioner’s daughter for her MBBS/BDS course and issued the following directions:
At any rate, the ESIC would ensure that the petitioner's daughter is granted admission to the MBBS course, in any one of the colleges run by it.
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