A statutory disability certificate issued by a competent authority holds legal primacy and cannot be invalidated or superseded by a general medical fitness report, as the latter lacks the authority to re-determine the degree of disability established under protective legislation.

JUDGMENT :

MADHURESH PRASAD, J.

1. The writ petitioner was the applicant before the West Bengal State Administrative Tribunal (hereinafter in short referred to as the Tribunal). His Original Application (OA) bearing number 423 of 2024, was rejected by the Tribunal by its order dated 15.05.2025, which is the subject matter of the present Writ Petition.

2. The factual background to filing of the OA is that the applicant was diagnosed with Mild Cerebral Palsy with Right Sided Hemiparesis when he was four years of age. The diagnosis continued consistently throughout the petitioner’s life thereafter.

3. The first certificate of disability was issued on 22.10.1998, certifying petitioner’s disability to the extent of 55 per cent. The next certificate containing consistent certification of the same disability and to the same extent is dated 20.11.2004. Both certificates are issued by the District Hospital, Howrah. The second certificate dated 20.11.2004 was issued by a board of four doctors when the petitioner was ten years of age.

4. After the petitioner crossed 20 years of age, the third certificate also certified the petitioner’s disability and its extent (55 per cent). The same was issued on 06.09.2014, and is bearing certificate serial No. DHH/1058/14, issued as per instructions issued by the Government of India, in the Ministry of Welfare, in this regard vide Memo No. 4-2/83 III dt. 06.08.1986 by a Board consisting of Chairman and three members.

5. The writ petitioner completed a Diploma Course in Ayurvedic Pharmacy and registered himself as Ayurvedic Pharmacist in Paschim Banga Ayurved Parishad (hereinafter in short referred to as PBAP). Being possessed with such qualification the petitioner applied in response to an advertisement issued by the West Bengal Health Recruitment Board (hereinafter in short referred to as the Recruitment Board) vide notification dated 15.03.2023 (Memo No. 432/HFW- 53024/14/2023-HRB), inviting applications for recruitment of Ayurvedic Pharmacists in the Department of Health and Family welfare, AYUSH Branch.

6. The petitioner participated in the recruitment process and his name figured in the overall performance list of eligible candidates as a selected candidate, against the sole (PWD) vacancy against general (Unreserved vacancy). The panel of selected candidates dated 16.10.2023 was valid for a period of one year.

7. Immediately after preparation of the Panel, a schedule for verification of documents was notified on 28.11.2023 wherein the petitioner’s name figured at Serial No. 31. The recommended candidates including the petitioner were thereafter by a Notification dated 02.02.2024, issued by the Special Secretary, (AYUSH) Health & Family welfare Department to the Government of West Bengal, asked to participate in the counselling procedure.

8. Upon completion of the entire exercise the petitioner was required to undergo medical examination pursuant to which “medical certificate of fitness” was to be issued in terms of the provisions contained in the WEST BENGAL SERVICE RULES (WBSR in short) Part 1. Such scrutiny of medical fitness is contemplated at the threshold of an appointment to ascertain whether the person is fit to perform the duties.

9. It is at this juncture that writ petitioner’s candidature was cancelled by an order dated 04.03.2024, issued