Court Validates Re-assessment Policy under Rights of Persons with Disabilities Act, 2016; Directs Strict Action against Bogus Certificate Holders while Protecting Genuine Employees
In a landmark judgment delivered on May 6, 2026, the Division Bench of the Bombay High Court, comprising Justices Ravindra V. Ghuge and Abhay J. Mantri, has upheld the State Government of Maharashtra’s power to conduct medical re-verification and re-assessment of disability certificates and Unique Disability ID (UDID) cards of government employees claiming benefits under the Persons with Disabilities Act, 2016 (RPwD Act). The judgment came on a batch of writ petitions filed by several employees employed under the disability quota challenging the State’s directive for medical re-examination of their disabilities.
The Court recognized the increasing number of complaints about bogus disability certificates and fraudulent claims of disability benefits by government employees across Maharashtra, especially in categories like hearing impairment and locomotor disabilities. It held that the State has a legitimate interest in ensuring that only genuine persons with benchmark disabilities (defined as 40% or more disability) receive the statutory benefits, including reservation in employment and related concessions.
Rejecting the petitioners' arguments that such re-assessment violates their rights, the Court clarified that the verification exercise is a policy-driven administrative measure undertaken by the employer (State) and is distinct from an appeal against the disability certification under Section 59 of the RPwD Act. The Court emphasized that the State government’s power to scrutinize and reassess disability certificates and UDID cards is necessary to uphold the integrity of reservation benefits and public interest.
The judgment detailed that certificates issued by authorities not designated under Section 57 of the RPwD Act or contrary to the Central Government’s guidelines under Section 56 are invalid and cannot be relied upon for claiming benefits. The Court stressed that employees holding such invalid or bogus certificates are liable for disciplinary action, including compulsory retirement after due process.
Significantly, the Court issued detailed directions to regulate the consequences of the ongoing medical re-verification exercise:
- Employees who have superannuated or opted for voluntary retirement shall not be subjected to re-examination or punitive action and remain entitled to their retirement benefits.
- Employees found to have obtained bogus certificates or UDID cards shall be issued show cause notices with 15 days to respond, followed by departmental inquiry and compulsory retirement if charges are proven.
- Employees whose disability percentage falls below the benchmark (40%) but not to zero shall lose reservation benefits but may not face immediate disciplinary action.
- Employees with disability below 11% post re-assessment face show cause notices and possible compulsory retirement after inquiry.
- Refusal to undergo re-examination will lead to suspension on half pay, and continued refusal may lead to further disciplinary consequences including reduced retirement benefits.
The Court underscored that the RPwD Act, 2016 is a rights-based legislation aimed at empowering persons with disabilities but simultaneously mandates prevention of misuse of benefits. The judgment cited authoritative precedents including the Supreme Court’s decision in State of Uttar Pradesh v. Ravindra Kumar Sharma (2016), which recognized the State’s power to order re-verification in cases of suspected fraudulent claims.
The Court also accepted expert medical opinion indicating that the revised disability assessment guidelines introduced in 2018 and 2024 incorporate scientifically robust and objective tests such as Pure Tone Audiometry and Brainstem Evoked Response Audiometry (BERA) to accurately assess hearing impairment, countering claims that new tests result in arbitrary lowering of disability percentages.
This judgment brings clarity and legal sanction to the State’s efforts to combat the misuse of disability benefits in government employment, balancing protection of genuine persons with disabilities while enabling penal action against fraudulent claimants. The Court further mandated that future recruitment and service benefits under the disability quota must be strictly based on genuine UDID cards issued under the prescribed statutory procedures, ensuring continued integrity of the reservation system.
Bottom line:-
Rights of Persons with Disabilities Act - State Government empowered to conduct medical re-verification/re-assessment of Persons with Disabilities (PwD) employed under disability quota to prevent misuse of benefits - Bogus disability certificates and UDID cards can be scrutinized - Re-examination valid and necessary to uphold integrity of reservation benefits.
Statutory provision(s):
Rights of Persons with Disabilities Act, 2016 - Sections 2(r), 2(s), 2(zc), 34, 56, 57, 59, 91; Rights of Persons with Disabilities Rules, 2017 - Rules 17, 18, 19, 20; Maharashtra State Rights of Persons with Disabilities Rules, 2024 - Rule 8; Maharashtra Zilla Parishad District Service (Discipline & Appeal) Rules, 1967; Article 14, 16, 21 of the Constitution of India.
This report summarizes the comprehensive judgment of the Bombay High Court addressing the State’s authority and procedural safeguards relating to medical re-verification and disciplinary action against employees holding disability certificates, aiming to uphold both the rights of genuine persons with disabilities and the integrity of public employment benefits.
Santosh Hiraman Lashkare v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc id # 2894853
