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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA, J.
Rabindra Kumar Sahu – Appellant
Versus
State of Odisha and others – Respondents
W.P.(C) No.13624 of 2022
Decided on : 04-08-2022
Disability Certificate - Employment - [Disability Certificate] - [Section 21 of the Rights of Persons with Disabilities Act, 2016] - The court discussed the genuineness of the disability certificate issued to the petitioner and the employer's right to question its veracity. The court emphasized the principle that once a certificate is accepted and employment is granted, it is not open to the authorities to later question its authenticity. The court also highlighted the petitioner's right to livelihood and the government's responsibility as a model employer.
Fact of the Case:
The petitioner, who was appointed as a Siksha Sahayak and later became a regular teacher, was repeatedly asked to prove the genuineness of his disability certificate by the employer, despite it being verified multiple times. The petitioner approached the court seeking relief from the repeated demands for verification.
Finding of the Court:
The court found that the petitioner's disability had been certified at various levels and that the employer's repeated demands for verification at a belated stage were unjustified. The court emphasized the petitioner's right to livelihood and criticized the government's actions in questioning its own decision based on an outsider's complaint.
Issues: The main issue was whether the employer had the right to question the genuineness of the petitioner's disability certificate after his appointment, and whether the repeated demands for verification were justified.
Ratio Decidendi: The court held that once a certificate is accepted and employment is granted, it is not open to the authorities to later question its authenticity. The court also emphasized the petitioner's right to livelihood and criticized the government's actions in questioning its own decision based on an outsider's complaint.
Final Decision: The writ petition was allowed, and the impugned order directing the petitioner to appear before the Appellate Medical Board was quashed.
JUDGMENT :
SASHIKANTA MISHRA, J.
1. Pursuant to an advertisement issued in the year 2011 for appointment to the post of Siksha Sahayak, Petitioner has applied for the same against S.E.B.C. Physical Handicapped (VI) category. He had enclosed a physical handicapped certificate issued by the Medical Board of Anandapur Sub-Divisional Hospital dated 12.12.2011 along with his certificates. He was selected for the post of Siksha Sahayak and thereafter was again examined by the District Medical Board and Appellate Medical Board of SCBMCH, Cuttack. The District Medical Board found his disability as 40% while the Appellate Medical Board, i.e. SCBMCH, found his disability to be more than 40%. After issuance of certificate by the Appellate Medical Board, the Petitioner was engaged as Siksha Sahayak as per order dated 28.02.2013 of the Chief Executive Officer, Zilla Parishad-cum-Collector, Keonjhar. He joined in the post on 01.03.2013. Upon completion of three years of satisfactory service as Siksha Sahayak, he became a Junior Teacher as per the order dated 21.12.2016 of the District Project Coordinator, RTSSA, Keonjhar with effect from 01.03.2016. Further, on completion of 6 years of service both in the capacity of Siksha Sahayak and Junior Teacher, he became a regular teacher w.e.f. 01.03.2019, as per the order dated 26.07.2019 of the Block Education Officer, Ghasipura (Opposite Party No.3). While the Petitioner was continuing as such, by letter dated 10.02.2021, Opposite Party No.3 called upon him to submit all educational certificates, copy of first engagement order and the original physical handicapped certificate for verification. Petitioner appeared on the same date, i.e. 10.02.2021 and produced all the required documents before Opposite Party No.3. Again the District Project Coordinator vide order dated 19.08.2021 directed the Opposite Party No.3 to ask the Petitioner to produce the original Physical Handicapped certificate submitted at the time of his engagement by 23.08.2021. The Petitioner produced the original Physical handicapped certificate in the office of the District Project Coordinator, which was duly received by the Office Assistant on 25.08.2021. Again Opposite Party No.3 as per the letter dated 04.09.2021 directed the Petitioner to submit the very same certificates on 04.09.2021. The Petitioner produced the said certificates before Opposite party No.3 on 06.09.2021 which were verified by the latter. Again, the Director, Elementary Education (Opposite Party No.2) vide letter dated 28.04.2022 directed the Opposite Party No.3 to refer the Physical Handicapped Certificate of the Petitioner to the State Medical Board for re-verification of the genuineness of the same and furnish a detailed report to Opposite Party No.3 vide letter dated 30.04.2022 and requested the Superintendent of SCBMCH, Cuttack to verify the genuineness of the Physical Handicapped Certificate and submit a report. While the matter stood thus and without waiting for the report of SCBMCH, Cuttack (Appellate Medical Board), Opposite Party No.3 directed the Petitioner to appear before the Appellate Medical Board of SCBMCH, Cuttack on 26.05.2022 at 9.30 A.M.. The said letter is enclosed herewith as Annexure-13 to the writ petition and is impugned therein.
2. It is alleged by one Bijay Kumar Palai that the Petitioner had produced a fake and forged disability certificate at the time of his engagement as Siksha Sahayak. It is further stated that the said Bijay Kumar Palai is inimical to the Petitioner and as a co-villager has made false allegation against the Petitioner at the instance of some political persons. In the meantime by letter dated 09.09.2021, the Superintendent of Sub-Divisional Hospital, Anandapur intimated Opposite Party No.3 that the Disability Certificate issued in favour of the Petitioner on 12.12.2011 is genuine. Challenging the above referred action of the Opposite Party-Authorities in asking him to prove his disability time and again, the Petit
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