Rajendra Sampatrao Sakhre v. the State of Maharashtra through Its Secretary and Others
Case brief
What is this about?
Disability certificate re-verification UDID RPwD Act 2016 Section 56 57 91 Maharashtra State RPwD Rules 2024 Rule 8 Zilla Parishad teachers benchmark disability 40% bogus certificates moral turpitude compulsory retirement Swavlamban portal BERA hearing impairment locomotor Article 14 non-arbitrariness Jagdish Balaram Bahira Ravindra Kumar Sharma Ram Prakash Kharlwa one-time medical re-assessment special Medical Board 120 days show cause notice departmental enquiry writ petitions partly allowed Bombay High Court Ghuge Mantri.
What did the court decide?
All writ petitions partly allowed. Impugned orders of suspension, stoppage of salaries, orders for registering FIRs, cancellation of approvals/Shalarth IDs, disciplinary orders and transfers issued during the medical re-verification/re-assessment exercise are quashed and set aside, subject to the regulated category-wise directions in paragraph 97 (special Medical Boards; show cause notice/enquiry/compulsory retirement for bogus certificates or 0-10% residual disability; loss of PwD benefits for 11-39%; no action against superannuated; 120-day completion; apology/voluntary-retirement exit route). The State's one-time re-verification exercise is approved; Section 91 action withheld for this cohort but available for future cases; pending interim applications disposed of.