Madhya Pradesh High Court Implements Three-Tier Scrutiny Process to Combat Disability Certificate Fraud and Ensure Reservation Compliance
Last Updated on February 6, 2024 by News Desk
The Madhya Pradesh High Court has implemented a three-tier scrutiny process for the issuance of disability certificates, led by Justice Vivek Agarwal, to address concerns about fraudulent claimants misuse of reservation provisions.
The directive was prompted by a plea by the National Federation of the Blind (MP), which highlighted the state government’s failure to appoint visually impaired individuals in accordance with statutory requirements. Justice Agarwal emphasised that the state must not allow fraudsters to take advantage of reservation provisions by misrepresenting themselves.
The new system involves a district-level committee at the district hospital initially issuing a disability certificate, followed by verification at the divisional level and a joint verification at the government medical college level.
The court also emphasised the state’s obligation to fill backlogs in appointments dating back to 1996, adhering to ‘horizontal reservation’ for persons with disabilities (PwD).
The court revisited the entitlement of visually impaired persons to a 2% reservation out of the 6% earmarked for differently-abled persons, as per the Persons With Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995, and subsequent notifications.
The court agreed with the petitioner’s stance, affirming that ‘horizontal reservation’ applies to PwD, making them entitled to reservation even in recruitments made for other reserved categories.
The court directed the state government to identify posts for PwD and conduct three-yearly reviews, taking into account technological advancements and judicially recognised principles. The selection process should be completed within specific timelines to ensure timely appointments and adherence to the court’s orders.
Written by: Srijan Raj, @procrastinate_human
