Disability certificates must be registered to ensure authenticity; non-compliance renders them invalid. Principles of natural justice may not apply if evidence overwhelmingly supports the conclusion of invalidity.

ORDER :

The petitioners in this batch of writ petitions are aggrieved by the order passed by the office of Commissioner, Public Instructions, Bhopal, whereby their appointment on the post of Madhyamik/Prathmik Shikshak has been cancelled on account of their disability certificate being found forged and invalid. Since, the issue involved in all these petitions is common, the same are being decided by this common order and for convenience sake, the facts are taken from W.P. No.13766/2023 filed by Mr. Dinkar Shukla.

2. The petitioner has invoked Article 226 of Constitution of India, being aggrieved by the order, dated 14.06.2023, (Annexure P/1) passed by respondent no.2- Joint Director, Public Instructions, Gwalior, whereby his appointment on the post of Madhyamik Shikshak (English) has been cancelled on the ground that his disability certificate has been found to be forged and fabricated.

3. The facts necessary for decision of this case are that the School Education Department of Government of Madhya Pradesh intended to fill up posts of Madhyamik Shikshak in various faculties under Rule 5(4) of M.P. School Education Service (Teaching Cadre), Service Conditions & Recruitment Rules, 2018. The Professional Examination Board initiated recruitment process for conducting eligibility test by issuing advertisement, dated 30.12.2019. The petitioner submitted his candidature for appointment on the post of Madhyamik Shikshak in English Subject as a Physically Handicap (in short ‘PH’) candidate. It be noted here that the petitioner claims to be 45% Partially Deaf and has relied upon a disability certificate brought on record as Annexure P/4.

4. The petitioner successfully participated in the eligibility test and vide order, dated 06.10.2021, (Annexure P/2), he was appointed on the post of Madhyamik Shikshak (English). He was given posting in Government Middle School, Bichpuri, District Sheopur. From reading the appointment order, it is gathered that the appointment order was issued after verification of documents. However, the appointed candidate was required to produce the original document with three self-attested copies thereof before the District Education Officer which also included disability certificate for candidates who are appointed under PH category. The petitioner accordingly produced the document before DEO, Sheopur, which were found genuine after verification as is evident from memo, dated 08.10.2021, (Annexure P/3). The petitioner accordingly joined the service and started working.

5. It is gathered from the reply filed by respondents that some complaints were received with regard to disability certificates being relied upon by various candidates in district Ashok Nagar, Chhatarpur, Guna, Katni, Morena, Sagar, Sheopur, Shivpuri, Sidhi, Singrauli, Ujjain & Umariya. Taking cognizance of complaints, enquiry into the allegations was directed. The Collector, Morena, got the petitioner’s disability certificate verified from Civil Surgeon, District Hospital, Morena, who vide memo, dated 12.05.2023, informed that the disability certificates of as many as 77 candidates, including the petitioner, has not been found registered in disability register. Based upon this report, the Collector, Morena, submitted his report to office of Commissioner, Public Instructions vide memo, dated 15.05.2023, reporting that the disability certificates are forged & fabricated. Consequently, vide impugned order, dated 14.06.2023, (Annexure P/1) the petitioner’s appointment has been cancelled having been obtained on the basis of forged disability certificate.

6.