Bombay High Court

The State possesses the inherent authority to conduct medical re-verification of disability certificates to prevent fraudulent availing of service benefits.

Santosh Hiraman Lashkare vs State Of Maharashtra Through Secretary For Rural Development Department

Bombay High CourtJUDGMENT: May 06, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners are Government and Zilla Parishad (ZP) employees across Maharashtra who either entered service under the disability quota or claimed disability benefits post-employment.

Source reference: p.43-44

In June and October 2025, the State issued Government Resolutions (GRs) making the Unique Disability ID (UDID) card mandatory and ordering a systematic re-verification/medical re-examination of all employees claiming disability benefits due to a surge in complaints regarding bogus certificates.

Source reference: p.59-60, 107-109

Petitioners challenged these orders, arguing that the State lacked the jurisdiction to re-assess certified disabilities after decades and that such actions violated the Rights of Persons with Disabilities (RPwD) Act, 2016.

Source reference: p.46, 53

Procedurally, multiple High Court benches had granted conflicting interim orders, leading to the clubbing of cases.

Source reference: p.70, 72

During the pendency, re-examinations revealed numerous instances of 0% or significantly reduced disability among employees.

Source reference: p.66, 76
02

Issues

1. Whether the State Government/Employer has the power and jurisdiction to direct employees to undergo medical re-verification/re-assessment of their disabilities under the RPwD Act, 2016.

Source reference: p.50, 82

2. Whether the production of a fake or below-benchmark disability certificate constitutes misconduct involving moral turpitude justifying disciplinary action.

Source reference: p.112-113

3. Whether the State acts arbitrarily or violates Article 14 by seeking uniform re-verification across the state.

Source reference: p.131-132
03

Law Applied

The court primarily applied Section 2(r) and 2(s) of the RPwD Act, 2016, defining benchmark disabilities and persons with disabilities.

Source reference: p.93-94

Section 56 regarding Central Government assessment guidelines and Section 91, which provides criminal penalties for fraudulently availing benchmark disability benefits.

Source reference: p.96, 118

Rule 8 of the Maharashtra State RPwD Rules, 2024, which empowers authorities to refer "suspicious" cases for re-assessment.

Source reference: p.67-68, 119

State of U.P. v. Ravindra Kumar Sharma, affirming the State's right to order re-verification in cases of large-scale fraud.

Source reference: p.123-124

Chairman and MD, FCI v. Jagdish Balaram Bahira, establishing that benefits obtained via fraud are void ab initio.

Source reference: p.77-78
04

Reasoning

The Court reasoned that the statutory rights of genuine PwDs are subverted when fraudulent claimants occupy reserved posts.

Source reference: p.118

It held that while the UDID card is a standard identification, it does not grant immunity from verification if the underlying medical facts are suspicious or exaggerated.

Source reference: p.121-122

Applying Ravindra Kumar Sharma, the court found that mere document verification is insufficient to detect fraud in "invisible" disabilities like hearing impairment, necessitating medical re-examination.

Source reference: p.123-124

The court characterized the act of using bogus certificates to usurp public employment as "moral turpitude," which justifies dispensing with conventional leniency in service law.

Source reference: p.111-112

It concluded that the State's policy was a uniform, non-arbitrary measure to protect the integrity of the reservation system, provided re-examinations are conducted by properly constituted Medical Boards rather than individual doctors.

Source reference: p.131-133
05

Holding

The Court held that the State has the authority to conduct medical re-assessments.

The Court partly allowed the petitions by regulating the State's action as a "one-time measure"; superannuated employees are exempt from re-verification; employees with bogus certificates (0-10% disability) shall face departmental inquiries and potential compulsory retirement; those between 11-40% will lose PwD service benefits but retain employment; existing suspension and FIR orders were quashed subject to cooperation with fresh re-examinations within 120 days.

Source reference: p.133, 134-136, 138
Bombay High Court

Original Court PDF

Santosh Hiraman LashkarevsState Of Maharashtra Through Secretary For Rural Development Department

Bombay High Court · May 06, 2026

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