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.43-44In 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, 107-109Petitioners 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, 53Procedurally, multiple High Court benches had granted conflicting interim orders, leading to the clubbing of cases.
Source reference: p.70, 72During the pendency, re-examinations revealed numerous instances of 0% or significantly reduced disability among employees.
Source reference: p.66, 76Issues
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, 822. Whether the production of a fake or below-benchmark disability certificate constitutes misconduct involving moral turpitude justifying disciplinary action.
Source reference: p.112-1133. Whether the State acts arbitrarily or violates Article 14 by seeking uniform re-verification across the state.
Source reference: p.131-132Law 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.93-94Section 56 regarding Central Government assessment guidelines and Section 91, which provides criminal penalties for fraudulently availing benchmark disability benefits.
Source reference: p.96, 118Rule 8 of the Maharashtra State RPwD Rules, 2024, which empowers authorities to refer "suspicious" cases for re-assessment.
Source reference: p.67-68, 119State 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.123-124Chairman and MD, FCI v. Jagdish Balaram Bahira, establishing that benefits obtained via fraud are void ab initio.
Source reference: p.77-78Reasoning
The Court reasoned that the statutory rights of genuine PwDs are subverted when fraudulent claimants occupy reserved posts.
Source reference: p.118It 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.121-122Applying 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.123-124The 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.111-112It 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.131-133Holding
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, 138Original Court PDF
Santosh Hiraman LashkarevsState Of Maharashtra Through Secretary For Rural Development Department
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