RAVINDRA KUMAR SHARMA Vs. STATE OF UP

JUDGEMENT

(1.) The Appellants claim that they belong to the Physically Handicapped Category of candidates, and are duly selected for being admitted to the Special B.T.C. Training Course of the years 2007 and 2008 respectively. They contend that they had been selected in their respective categories upon having fulfilled all necessary formalities including the submission of the Physical Disability Certificates, which were duly verified by an authorized Medical Board under the Persons with Disabilities Rules, 1996 (hereinafter referred to as "the Rules, 1996").

(2.) The Appellant-Petitioners, in the writ petition giving rise to this appeal, challenged a communication dated 15th of July, 2010 of the Director, State Council for Education Research and Training pursuant to a Government Order dated 3rd November, 2009, which makes a provision for the constitution of fresh Medical Board in order to verify and assess the disability of the Appellants afresh. The ground taken is that the Persons with Disabilities Rules, 1996 envisages the issuance of disability certificates by a Medical Board to be constituted by the State Government, which had already been done and the Appellants, therefore, could not have been subjected to a fresh verification by some other Medical Board under a Government Order subsequently issued much after their appointments.

(3.) The learned Single Judge dismissed the writ petition holding that the Rules, 1996 only allow the issuance of a medical certificate, which enables the physically disabled person to be eligible to apply for facilities, concessions and benefits admissible for admission/appointment. The learned Single Judge, however, held that the said medical certificate is not an absolute proof and it does not prevent the State Government from verifying the correctness or otherwise of such certificates or the nature of disability of the candidates seeking admission/appointment. It was held that the suitability of a candidate and the genuineness of the certificate can always be subjected to a scrutiny by the State Government and accordingly, the Government Order dated 3rd of November, 2009 fully authorizes the authority to carry out such an exercise.