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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
ASHISH SHROTI
Dinakar Shukla – Appellant
Versus
State Of M.P. – Respondent
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.
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 ....
The central legal point established in the judgment is the need for vigilance and proper identification of persons with disabilities, emphasizing the rights and empowerment of persons with disabiliti....
The statutory disability certificate issued under the Rights of Persons with Disabilities Act prevails over general medical assessments, ensuring the rights of individuals with disabilities in public....
Once a disability certificate is accepted for employment, it cannot be questioned later based solely on administrative errors, unless fraud is proven.
Verification of disability certificates for employment must be justified, and previous certifications should not be disregarded without legitimate grounds.
The court affirmed the importance of valid disability certificates and the necessity of adhering to established benchmarks for disability in employment decisions.
The court held that a competent authority's disability assessment cannot be altered by another board, and reliance on incomplete medical reports for disqualification is arbitrary.
The Appellate Medical Board's assessment should be given sanctity, and challenges to the constitution of the Special Medical Board should be raised in the writ petition. The State has a duty to make ....
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