Fake Disability Certificates Are Moral Turpitude, Bombay High Court Allows Fresh Verification of Employees’ PwD Status

The Bombay High Court has upheld the Maharashtra government’s decision to re-examine disability certificates of public employees after noticing a suspicious rise in claims of hearing impairment among in-service staff seeking benefits under the disability quota.

A Division Bench of Justice Ravindra V. Ghuge and Justice Abhay J. Mantri observed that many employees appeared to have obtained disability certificates only after special government benefits for persons with disabilities were introduced. The Court noted that more than 90% of such claims involved hearing impairment allegedly acquired after recruitment.

The Court held that public employers have the authority to verify the authenticity of documents submitted by employees and may order fresh medical examinations in cases involving possible fraud or misrepresentation. It ruled that obtaining government employment through fake or manipulated disability certificates amounts to “moral turpitude” and a fraud on the Constitution.

At the same time, the Court clarified that genuine persons protected under the Rights of Persons with Disabilities Act, 2016 cannot be denied their statutory rights.

The Bench partly allowed the petitions by setting aside immediate suspension and salary stoppage orders. However, it directed all concerned employees to undergo fresh medical assessment before a special medical board. The Court further ordered strict departmental and criminal action against anyone found to have secured fake disability certificates, including officials or doctors involved in issuing them.