Jaipur, April 12: Amidst an ongoing investigation into individuals who secured employment using fraudulent disability certificates, the High Court observed that it is improper to repeatedly summon a person for scrutiny once their disability has already undergone re-evaluation. Justice Ashok Kumar Jain’s bench made this observation while disposing of a petition filed by Kuldeep Chaudhary.
In its order, the Court stated that under the Rights of Persons with Disabilities (RPwD) Act, 2016, it is the government’s duty to prevent the misuse of the law’s provisions. However, if an individual’s disability has already been assessed in accordance with departmental directives, they cannot be compelled to appear repeatedly for re-evaluation.
The government must maintain a balance of fairness during the course of such investigations.
Government Contends: Re-evaluation Cannot Be Barred
The petitioner’s counsel, Mirza Faisal Baig, submitted to the Court that the petitioner suffers from a disability falling under the ‘low vision’ category, and his disability level has been assessed at 60 percent. The petitioner has already undergone a re-evaluation of his disability by a medical board, wherein his disability level was assessed as exceeding 40 percent.
Meanwhile, the government argued that the state reserves the right to re-evaluate the degree of disability claimed by a petitioner. The authority of the department cannot be curtailed.
No Stay on SOG’s Action
The Court observed that if a person with a disability has obtained a disability certificate under the RPwD Act and has also undergone a re-evaluation at the behest of the department, yet subsequently faces a fresh complaint alleging the procurement of a fraudulent or false certificate, that individual is entitled under the law to seek the quashing of such proceedings.
However, in the present instance, a civil writ petition has been filed. Under these circumstances, it is not feasible within the scope of a Civil Writ to grant a stay on police action. Consequently, the petition is hereby disposed of.
SOG Investigating Fraudulent Certificates
In fact, the SOG is currently investigating individuals across the state who have secured government jobs in ten different recruitment drives by misusing the disability reservation quota. In connection with this fraud, the SOG has registered FIRs against 44 individuals, including candidates, teachers, and employees from various other departments.