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Bombay HC Greenlights State's Crackdown on Bogus Disability Claims in Govt Jobs
In a landmark ruling that could shake up thousands of public sector jobs across Maharashtra, the has backed the state government's push to re-verify disability certificates held by employees. A division bench of Justices Ravindra V. Ghuge and Abhay J. Mantri, in a consolidated order on over 50 led by , declared that fake claims amount to "" warranting strict action. This comes amid surging complaints of fraudulent Unique Disability ID (UDID) cards enabling undue service perks like preferential transfers.
The Spark: A Flood of Suspicious Certificates
The saga unfolded as and other bodies flagged irregularities in disability claims, especially "hearing impairment" and "locomotor disability" cases spiking post-recruitment. Government Resolutions in mandated UDID verification and medical re-exams after reports of over 350 bogus cases surfaced. Teachers and staff, many with 15-20 years' service, challenged orders for re-assessment, suspensions, and , arguing they violated the . Petitions poured in from districts like Nashik, Satara, and Pune, clubbed before the bench after interim stays caused chaos.
Key timeline: Complaints peaked from ; GRs issued 2025; court hearings from , judgment on .
Petitioners' Cry: 'Harassment After Decades of Valid Certificates'
Employees, via senior advocates like and , contended re-verification was and Maharashtra Zilla Parishad rules. They highlighted prior valid certificates/UDID from authorized boards, some pre-2016 Act, arguing no employer power to review without appeal. Suspensions sans breached ; 40% benchmark irrelevant for in-service acquired disabilities. Citing orders, they urged quashing GRs as retrospective and punitive.
State's Counter: 'Unmasking a Disability Scam'
The government, through AGPs like , defended the drive as essential to RPwD's anti-fraud mandate (). Complaints revealed 90% Nashik cases as hearing impairment post-hiring; re-exams showed drops from 40-80% to 0-20%. Physical checks insufficient for "invisible" disabilities; charts (Annexure X) logged 375+ fakes from 7,500+ verified. Precedents like State of UP v. Ravindra Kumar Sharma (2016 SCC) empowered large-scale re-verification; stripped bogus benefits. UDID mandatory post-; policy ensured genuine PwDs' rights.
Bench's Deep Dive: Balancing Rights with Reality
Drawing from and RPwD evolution (7 to 21 disabilities, 40% benchmark), the court dissected Chapter X certification. No bar on employer-led scrutiny for suspicious cases (). Ravindra Kumar Sharma affirmed medical exams over physical checks; 's Ram Prakash Kharlwa (2025) endorsed reassessment sans full inquiry for fraud. New guidelines (2024) including 4kHz frequency refined assessments—sensorineural loss doesn't regress. Dr. Suman Kumar's input exposed admissions of faking for transfers.
test: Fraudulent certificates subvert quotas, harm genuine PwDs—dismissal justified ( ).
Punchy Quotes from the Bench
"Acquiring bogus certificates or manipulating authorities... would amount to an immoral act. is a conduct that is inherently base, vile, depraved..."
"If re-assessment had not been conducted, these individuals would have continued to claim benefits meant only for persons with benchmark disabilities..."
"The State Government has full authority to order re-verification [when] fraud is established on a large scale..."
Verdict's Roadmap: One-Time Mercy with Teeth
Petitions partly allowed: Suspensions/FIRs quashed pending re-exams by special boards (120-day deadline). Tiered action post-results—no probe for retirees; compulsory retirement for 0-10% or proven fakes; benefit loss for 11-39%. Refusals trigger suspension (50% pay). Future hires: Rigorous UDID scrutiny. Doctors aiding fakes face discipline.
This one-time framework shields genuine cases while purging fraud, echoing media reports of statewide impact on educators. Genuine PwDs gain; imposters lose—ensuring RPwD's promise endures.
