Verification of disability certificates for employment must be justified, and previous certifications should not be disregarded without legitimate grounds.

JUDGMENT :

1. Heard Sri J.N. Maurya learned Chief Standing Counsel alongwith Sri Suresh Kumar Maurya learned counsel for the appellant.

2. List has been revised. None appears for the respondents.

3. Present intra court appeal arises from the judgment and order of the learned single judge dated 20.3.2024 passed in Writ-A No.2941 of 2020 (Anusuiya Sharma Vs. State of U.P. and 4 Others) and connected writ petition (Neutral Citation - 2024: AHC : 53230), whereby the learned single judge has allowed the writ petition on the following terms:

"41. Accordingly, Writ-A No. 8011 of 2020 is allowed. The order dated 13.03.2020 passed by the District Basic Education Officer, Firozabad is quashed. Direction is issued to District Basic Education Officer, Firozabad to allow the petitioner to join on the post of Assistant Teacher in a Primary School at District Firozabad within three weeks from the date of service of certified copy of this order and to pay her salary regularly. It is further provided that since petitioner has not worked as Assistant Teacher in the Primary School at District Firozabad therefore, she is not entitled for the salary for the period from 13.03.2020 till the date of her reinstatement in service but the aforesaid period shall be counted towards service rendered by the petitioner for all other service benefits."

4. According to the learned counsel for the respondent-appellant, the facts giving rise to the present proceeding are, the original petitioner suffered a fracture injury in an accidental occurrence in the year 1995. She claimed locomotor disability arising from shortening of leg. Later, on 20.07.2006 she was issued Disability Certificate No. 1549, by the Chief Medical Officer, Firozabad certifying 50% locomotor disability. On the strength of that certificate, she applied and was admitted to Special BTC Training Course 2007. Consequently, she was issued Certificate (of successful completion of such training), on 22.6.2009. Thereafter, she was appointed against the post of Assistant Teacher, at a primary school on 03.7.2009. She has continued in service from then, till 30 March 2020. 5. In the meantime, arising from a complaint/s received from certain sections of the society, the State Government issued Government Order dated 10.11.2009 disclosing its policy decision requiring the candidates appointed to the post of Assistant Teacher on the strength of Disability Certificate issued, to re-appear before a fresh Medical Board constituted for that purpose and to get their disability re-verified, medically. The said Government Order was challenged in Civil Misc. Writ Petition No. 53152 of 2010 ( Ravindra Kumar Sharma and Others Vs. State of U.P. and Others ). It was dismissed on the following terms: "Under the scheme of things provided for, petitioners have been issued certificates by the Medical Board and the said certificates have been made foundation and basis to apply under the physically handicapped category, avail benefits admissible, and such benefits have been availed by the petitioners. The State Government, in its wisdom, has taken decision that all such incumbents, who have got selection based on disability certificate issued by the Medical Board, verification be got done, only for the purposes of verification and all such candidates have been called to appear before the Medical Board. The authority of the State Government in no way has been diluted under the Rules that the State Government cannot get verification proceedings done by the Medical Board, once based on the disability certificates benefits and facilities have been availed and the incumbents have become teachers in institution run and managed by Basic Shiksha Parishad. Exercise of verification is being undertaken to see and ensure as to whether certifications, which has been made, is as per physical verification and real beneficiaries are there and imposters have not crept therein. Once certificate in question has been validly issued in favour of pe