Bombay High Court Upholds Re-Verification of Disability Certificates Amid Fraud Concerns

The Bombay High Court has upheld the Maharashtra Government’s decision to conduct fresh medical verification of disability certificates held by public employees, observing that fraudulent claims under disability quotas amount to serious moral misconduct and fraud on the Constitution.

A Division Bench of Justice Ravindra V. Ghuge and Justice Abhay J. Mantri noted a suspicious rise in in-service employees claiming disability benefits, particularly for hearing impairment, after special concessions for persons with disabilities were introduced by the State.

The Court observed that more than 90% of such claimants allegedly acquired hearing disabilities after entering government service, prompting concerns regarding misuse of welfare schemes meant for genuinely disabled individuals. It held that while the Rights of Persons with Disabilities Act, 2016 protects legitimate beneficiaries, it does not shield employees who obtain jobs or service benefits through fabricated or manipulated medical certificates.

The Bench ruled that public employers possess an inherent right to verify employee credentials and may order fresh medical assessments where credible suspicion of fraud exists. However, the Court directed that re-verification must be conducted through a specially constituted Medical Board as a one-time exercise.

While quashing immediate suspension and salary stoppage orders issued against several employees, the Court clarified that departmental and criminal proceedings could continue against individuals found to have secured appointments through bogus disability claims or against medical officers involved in issuing false certificates.