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2026 Supreme(Bom) 948

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ABHAY J. MANTRI, JJ.
Santosh Hiraman Lashkare - Petitioner
Versus
The State of Maharashtra And Ors. - Respondents
WRIT PETITION NO.4325 OF 2026, INTERIM APPLICATION NO.2036 OF 2026, INTERIM APPLICATION NO.2199 OF 2026, INTERIM APPLICATION NO.2202 OF 2026, INTERIM APPLICATION NO.2222 OF 2026, INTERIM APPLICATION NO.2223 OF 2026, INTERIM APPLICATION NO.2224 OF 2026, INTERIM APPLICATION NO.2396 OF 2026, INTERIM APPLICATION NO.2647 OF 2026, INTERIM APPLICATION NO.2762 OF 2026, INTERIM APPLICATION NO.38857 OF 2025, INTERIM APPLICATION NO.38858 OF 2025, INTERIM APPLICATION NO.38859 OF 2025, INTERIM APPLICATION NO.38860 OF 2025, INTERIM APPLICATION NO.38861 OF 2025, INTERIM APPLICATION NO.38862 OF 2025, INTERIM APPLICATION NO.38863 OF 2025, INTERIM APPLICATION NO.38865 OF 2025, INTERIM APPLICATION NO.38866 OF 2025, INTERIM APPLICATION NO.38867 OF 2025, INTERIM APPLICATION NO.38868 OF 2025, INTERIM APPLICATION NO.38869 OF 2025, WRIT PETITION (ST) NO.7966 OF 2026, WRIT PETITION (ST) NO.8937 OF 2026, WRIT PETITION (ST) NO.9141 OF 2026, WRIT PETITION NO. 3436 OF 2026, WRIT PETITION NO. 3462 OF 2026, WRIT PETITION NO. 3465 OF 2026, WRIT PETITION NO. 3470 OF 2026, WRIT PETITION NO.10270 OF 2025, WRIT PETITION NO.10270 OF 2025, WRIT PETITION NO.10270 OF 2025, WRIT PETITION NO.10271 OF 2025, WRIT PETITION NO.16792 OF 2023, WRIT PETITION NO.16793 OF 2023, WRIT PETITION NO.16794 OF 2023, WRIT PETITION NO.16795 OF 2023, WRIT PETITION NO.16796 OF 2023, WRIT PETITION NO.16797 OF 2023, WRIT PETITION NO.16798 OF 2023, WRIT PETITION NO.16799 OF 2023, WRIT PETITION NO.16800 OF 2023, WRIT PETITION NO.16801 OF 2023, WRIT PETITION NO.16802 OF 2023, WRIT PETITION NO.17568 OF 2025, WRIT PETITION NO.17893 OF 2025, WRIT PETITION NO.17894 OF 2025, WRIT PETITION NO.17895 OF 2025, WRIT PETITION NO.17896 OF 2025, WRIT PETITION NO.17897 OF 2025, WRIT PETITION NO.17898 OF 2025, WRIT PETITION NO.17899 OF 2025, WRIT PETITION NO.17900 OF 2025, WRIT PETITION NO.17901 OF 2025, WRIT PETITION NO.17902 OF 2025, WRIT PETITION NO.17903 OF 2025, WRIT PETITION NO.17904 OF 2025, WRIT PETITION NO.17905 OF 2025, WRIT PETITION NO.17906 OF 2025, WRIT PETITION NO.17907 OF 2025, WRIT PETITION NO.17908 OF 2025, WRIT PETITION NO.17910 OF 2025, WRIT PETITION NO.17911 OF 2025, WRIT PETITION NO.17912 OF 2025, WRIT PETITION NO.17913 OF 2025, WRIT PETITION NO.17914 OF 2025, WRIT PETITION NO.17915 OF 2025, WRIT PETITION NO.17916 OF 2025, WRIT PETITION NO.17917 OF 2025, WRIT PETITION NO.17918 OF 2025, WRIT PETITION NO.17919 OF 2025, WRIT PETITION NO.17920 OF 2025, WRIT PETITION NO.17921 OF 2025, WRIT PETITION NO.17921 OF 2025, WRIT PETITION NO.17922 OF 2025, WRIT PETITION NO.17923 OF 2025, WRIT PETITION NO.17925 OF 2025, WRIT PETITION NO.19547 OF 2024, WRIT PETITION NO.19548 OF 2024, WRIT PETITION NO.1999 OF 2026, WRIT PETITION NO.2378 OF 2026, WRIT PETITION NO.2380 OF 2026, WRIT PETITION NO.2381 OF 2026, WRIT PETITION NO.2382 OF 2026, WRIT PETITION NO.2383 OF 2026, WRIT PETITION NO.2729 OF 2026, WRIT PETITION NO.3631 OF 2026, WRIT PETITION NO.4033 OF 2026, WRIT PETITION NO.4038 OF 2026, WRIT PETITION NO.433 OF 2026, WRIT PETITION NO.434 OF 2026, WRIT PETITION NO.4441 OF 2026, WRIT PETITION NO.4442 OF 2026, WRIT PETITION NO.4443 OF 2026, WRIT PETITION NO.4444 OF 2026, WRIT PETITION NO.4445 OF 2026, WRIT PETITION NO.4446 OF 2026, WRIT PETITION NO.4448 OF 2026, WRIT PETITION NO.4450 OF 2026, WRIT PETITION NO.4451 OF 2026, WRIT PETITION NO.4452 OF 2026, WRIT PETITION NO.4454 OF 2026, WRIT PETITION NO.4455 OF 2026, WRIT PETITION NO.4457 OF 2026, WRIT PETITION NO.4458 OF 2026, WRIT PETITION NO.4460 OF 2026, WRIT PETITION NO.4461 OF 2026, WRIT PETITION NO.4464 OF 2026, WRIT PETITION NO.4465 OF 2026, WRIT PETITION NO.4466 OF 2026, WRIT PETITION NO.4467 OF 2026, WRIT PETITION NO.4468 OF 2026, WRIT PETITION NO.4469 OF 2026, WRIT PETITION NO.4471 OF 2026, WRIT PETITION NO.4473 OF 2026, WRIT PETITION NO.4474 OF 2026, WRIT PETITION NO.4475 OF 2026, WRIT PETITION NO.4477 OF 2026, WRIT PETITION NO.4478 OF 2026, WRIT PETITION NO.4480 OF 2026, WRIT PETITION NO.4481 OF 2026, WRIT PETITION NO.4482 OF 2026, WRIT PETITION NO.4483 OF 2026, WRIT PETITION NO.4484 OF 2026, WRIT PETITION NO.4485 OF 2026, WRIT PETITION NO.4486 OF 2026, WRIT PETITION NO.4487 OF 2026, WRIT PETITION NO.4488 OF 2026, WRIT PETITION NO.4489 OF 2026, WRIT PETITION NO.4490 OF 2026, WRIT PETITION NO.4491 OF 2026, WRIT PETITION NO.4492 OF 2026, WRIT PETITION NO.4493 OF 2026, WRIT PETITION NO.4494 OF 2026, WRIT PETITION NO.4495 OF 2026, WRIT PETITION NO.4496 OF 2026, WRIT PETITION NO.4497 OF 2026, WRIT PETITION NO.4507 OF 2026, WRIT PETITION NO.4510 OF 2026, WRIT PETITION NO.834 OF 2026, WRIT PETITION NO.835 OF 2026, WRIT PETITION NO.836 OF 2026, WRIT PETITION NO.837 OF 2026, WRIT PETITION NO.839 OF 2026
Decided On : 06-05-2026

Advocates Appeared:
For the Petitioner: Mr. Parag V. Barde
For the Respondent: Mr. P. P. Kakade, Addl. GP a/w. Mr. V. G. Badgujar, AGP, Ms.
Priyanka Chavan, AGP, Ms. P. N. Diwan, AGP
Ms. Sejal Pawar, Law Consultant, Persons with Disability Empowerment Department, present.
Mrs. Sunita Ghadiyale, Deputy Secretary, Persons with Disability Empowerment Department, present.

Employers may conduct one-time re-verification of in-service employees' disability certificates via medical boards upon fraud suspicion to prevent misuse of benchmark disability benefits; fraudulently obtained certificates void, warranting termination.

Headnote:(A) Rights of Persons with Disabilities Act, 2016 - Sections 2(r), 2(s), 56, 59, 91 - Maharashtra Zilla Parishad (Discipline & Appeal) Rules, 1967 - State employers empowered to direct one-time re-verification/re-assessment of disability certificates/UDID cards of in-service employees upon complaints of bogus/non-genuine claims, via specially constituted medical boards, to prevent fraudulent availing of benchmark disability benefits like reservations, transfers - Certificates not sacrosanct if obtained by fraud/misrepresentation; moral turpitude involved warrants severe action including termination without full inquiry if appointment secured fraudulently - Re-verification permissible under Rules 2024; no vested right to benefits on invalid certificates - Exercise upheld as non-arbitrary, policy-driven to protect genuine claimants (Paras 38-97).

(B) Service Law - Disciplinary action - Prior show cause notice ordinarily required before suspension; exceptions where fraud in securing employment apparent - Apology/voluntary retirement option for minor discrepancies; graded penalties from warning to termination based on re-assessment results (Categories a-f, Para 97).

Facts of the case:
Batch of writ petitions by in-service teachers challenging government resolutions/circulars/communications directing re-verification of disability certificates amid complaints of widespread bogus claims (e.g., sudden surge in hearing/locomotor impairments post-recruitment); impugned actions included show cause notices, suspensions, transfers; state defended as necessary to curb fraud depriving genuine persons.

Findings of Court:
Impugned suspensions/salary stoppages/FIR directions/disciplinary orders quashed pending re-verification; fresh medical re-exams ordered via special boards within 120 days; employees categorized post-results for actions from no action/warning to termination/FIR; doctors issuing bogus certificates liable for discipline/prosecution.

Issues: Whether employers/Zilla Parishads empowered to order re-verification/re-assessment without appeal u/s 59; validity of government resolutions prescribing guidelines; sustainability of suspensions without notice; protection for long-service employees with prior certificates.

Ratio Decidendi: Upon large-scale fraud suspicion, employers may verify via medical boards without violating equality/non-discrimination; benchmark disability (40%+) mandatory for benefits; fraud vitiates employment ab initio; one-time uniform exercise non-arbitrary, protects scheme integrity.

Result: Writ petitions partly allowed; re-verification upheld with directions.

Table of Content
1. petitioners challenge re-verification orders. (Para 1 , 2)
2. summarizes petitioners' jurisdictional objections. (Para 3 , 4)
3. state verifies bogus disability certificates. (Para 6 , 7 , 8 , 9 , 10 , 35 , 36)
4. re-examination detects widespread fraud. (Para 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47)
5. rpwd act empowers benchmark disability verification. (Para 51 , 52 , 53 , 54 , 55 , 56 , 57)
6. state right to reassess fraudulent claims. (Para 88 , 89 , 90 , 91)
7. one-time re-verification with protections. (Para 95 , 96 , 97 , 98)
8. future udid mandatory; fraud punishable. (Para 99 , 100 , 101 , 102)

JUDGMENT :

RAVINDRA V. GHUGE, J.

No.	Description
1	Specimen prayers reproduced from some Petitions
2	Summary of the oral submissions on behalf of the Petitioners
3	Summary of the oral submissions on behalf of the Respondents/State and the Zilla Prishad
4	Submissions on behalf of Respondent Nos. 2, 4 and 5 (Writ Petition No. 2729 of 2026)
5	Submissions on behalf of Respondent Nos. 6 and 7 (Writ Petition (St) No. 40880 of 2025)
6	Our Analysis and Conclusions
6(a)	Salient features of the Rights of Persons with Disabilities Bill, 2014
6(b)	Primary objects of the RPwD Act, 2016
6(c)	The Schedule - Specified Disability
6(d)	The Rights of Persons with Disabilities Act, 2016
6(e)	The Rights of Persons with Disabilities Rules, 2017
6(f)	Order and Directions
7	Annexure ‘X’ Enclosed

1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2. The prayers put forth by the Petitioners in all these Petitions, are more or less similar. As such, we are reproducing some of the prayers, as specimens, which broadly cover the grievances put forth by these Petitioners, hereunder :

WRIT PETITION NO.17568 OF 2025

(A) This Hon'ble Court be pleased to exercise the jurisdiction vested in it under Article 226 of the Constitution of India and issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, and call for papers and proceeding from the custody of the Respondent Nos. 6 and 7 in respect of the impugned and respect Orders/Communications dated 11th December 2025 (Exhibit L) and after examining the legality, validity and judicial propriety thereof, quash and set aside the same.

(B) This Hon'ble Court be pleased to exercise powers vested in it under Article 226 of the Constitution of India and issue a writ of Mandamus and/or Writ in the nature ofMandamus, Order and direction directing Respondent Nos. 6 and 7 not to take any action on the basis of the impugned Orders/Communications dated 11th December 2025 (Exhibit L), and further not to disturb them and/or transfer them from their present schools as specifically set out (Exhibit A) to the Petition and further not to transfer any other teacher to the schools where the Petitioners are presently posted.

(C) This Hon'ble Court be pleased to give a declaration that the impugned Govt. Resolution dated 16th June 2025 (Exhibit N) is ultra vires to Section 56 of the Rights of Persons with Disabilities Act, 2016 r/w. The Maharashtra Zilla Parishad (Discipline & Appeal) Rules, 1967, and, so, the same is liable to be set aside.

(D) Pending the hearing and final disposal of this Petition, this Hon'ble Court be pleased to stay the execution and implementation of the Orders/Communications dated 11th December2025 (Exhibit L)

(E) Pending the hearing and final disposal of this Petition, this Hon'ble Court be pleased to Respondent Nos. 6 and 7 not to take any action on the basis of the impugned Orders/Communications dated 11th December 2025 (Exhibit L), and further not to disturbed them and/or transfer them from their present schools as specifically set out Exhibit A to the Petition and further not to transfer any other teacher to the schools where the Petitioners are presently posted.

WRIT PETITION NO.834 OF 2026

(A) this Hon'ble Court be pleased to exercise the jurisdiction vested in it under Article 226 of the Constitution of India and issue a Writ of Certiorari or a Writ i

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2026 Supreme(Bom) 948

Employers may conduct one-time re-verification of in-service employees' disability certificates via medical boards upon fraud suspicion to prevent misuse of benchmark disability benefits; fraudulently obtained certificates void, warranting termination.

Cases Referred (2)