PwD service matters

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- March 31, 2017 at 10:12 pm #1232
  Dr. Ashok Dhamija
  Advocate
  As far as I understand, a certificate issued by the appropriate authority or duly constituted medical board about the disability should generally be considered to be final. Under the newly enacted the Rights of Persons with Disabilities Act, 2016 [http://www.disabilityaffairs.gov.in/upload/uploadfiles/files/RPWD%20ACT%202016.pdf], as well as under the existing guidelines, namely, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996, there does not appear to be any provision for such review on behalf of the employer, though there are provisions to enable the person with disability to file for review / appeal against the decision of the medical board if he is not satisfied about such decision. Even the rules relating to medical examination of candidates for Civil Services Examination (including for the persons belonging to the PH category) [http://persmin.gov.in/ais1/Docs/Appendix-III.pdf] do not contain provisions for any such review.
  
  However, I may not have access to all relevant departmental guidelines or rules (which are not available on the web). And, perhaps, it may need some more research on this issue.
  
  But, perhaps in those cases where there is an allegation that the person concerned has produced or obtained a fake disability certificate for claiming reservation benefit for PH candidates, the department may be in a position to refer them to the appropriate medical board. To give a parallel, several years back, I had seen the cases of two persons who had been appointed to the Central Civil Services (if I remember correctly, one of them was appointed in IAS and the other in IPS) on the basis of fake caste certificates thereby wrongly claiming reservation benefits. Subsequently, they were removed from service and criminal cases were registered against them for the fake caste certificate. Perhaps, in a similar manner, if there are allegations that a person has obtained or produced a fake disability certificate, the department may perhaps get it verified and take necessary action if such certificate is found to be fake. This is because it is a misconduct to produce fake certificates (including cases where the medical board was also involved or was bribed) and an appointment made on the basis of fake certificate may be revoked. This is also in order to ensure that the deserving PH candidates are not deprived of their opportunities by the people with fake disability certificates. In fact, a simple search of Google shows several news reports with fake disability certificate scams. For example, see the following news report:
  But, in genuine marginal cases (i.e., where fake disability certificate is not suspected), such review of PH candidates should not be possible. More so, when the person has already spent about a year in service. Wherever possible, benefit of doubt should be given to the PH candidate. In case, any action is taken in any such genuine case, the person concerned can ask the Govt as to under what provisions of law such review medical examination is being conducted (or, it may perhaps be explained in the order for such review, itself). And, if need be, such review order can be challenged before the appropriate court or tribunal (such as CAT) having jurisdiction.
  
  Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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