Madhya Pradesh High Court – three-stage check for fair disability certificates, addressing fraud and emphasizing ‘horizontal reservation’ for better public employment accountability.
The Madhya Pradesh High Court has implemented a comprehensive three-tier scrutiny process for the issuance of disability certificates. This initiative, spearheaded by Justice Vivek Agarwal, addresses concerns regarding the misuse of reservation provisions by fraudulent claimants.
ALSO READ: Delhi High Court Rejects Husband’s Bid for Blood Samples Amid Adultery Allegations
The court’s directive emerged from a plea by the National Federation Of The Blind (MP), which highlighted the state government’s failure to appoint visually impaired individuals in accordance with statutory requirements.
Justice Agarwal’s bench, addressing the issue, emphasized,
“…It is also expected from the State that they will not permit any fraudster to take advantage of the provisions for reservation of differently-abled persons by misrepresenting themselves…they will ensure a three-tier system for scrutiny…so that one Doctor may not be sufficient to issue a certificate.”
Under the new system, after a candidate’s selection, a District Level Committee at the District Hospital will initially issue a disability certificate. This certificate will then undergo scrutiny at the Divisional level by a separate team for verification. Finally, a joint verification will be conducted at the Government Medical College level, catering to the concerned Districts and Divisions.
ALSO READ: Allahabad High Court Upholds Reinstatement of Law Officer and Five Teachers at Lucknow University
Justice Agarwal further highlighted the state’s obligation to address and fill the backlog in appointments dating back to 1996, ensuring that vacancies are filled according to the stipulated percentages for each category. This includes adhering to ‘horizontal reservation’ for Persons with Disabilities (PwD), a concept that the court clarified by referring to significant precedents, including the Supreme Court’s distinction between ‘Vertical’ and ‘Horizontal’ reservations.
The court’s decision also revisits the entitlement of visually impaired persons to a 2% reservation out of the 6% earmarked for differently-abled persons, as per the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and subsequent notifications. Despite challenges in implementation and changes in quota allocations following the Rights of Persons with Disabilities Act, 2016, the court has laid down clear directives for the state to ensure compliance.
The petitioner’s counsel argued against the state’s failure to grant reservations as contemplated, highlighting a significant period from 1996 to 2012 where no recruitment took place. The court agreed with the petitioner’s stance, affirming that ‘horizontal reservation’ applies to PwD, making them entitled to reservation even in recruitments made for other reserved categories.
Addressing concerns over fraudulent claims, the court outlined the formation of District, Regional, and State Medical Boards to determine disability, with a mechanism to hold specialists accountable for inaccuracies in their certifications. This move aims to prevent any collusion between state machinery and individuals attempting to exploit the reservation system.
Furthermore, the court directed the state government to identify posts for PwD and conduct three-yearly reviews, taking into account technological advancements and judicially recognized principles. The selection process, as per the court’s directives, should be completed within specific timelines to ensure timely appointments and adherence to the court’s orders.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
