Prashant Sham Bagul and Ors. v. the State of Maharashtra Thr the Sec. Person With Disabilities Welfare and Ors.
Case brief
What is this about?
disability certificate re-verification; UDID card; RPwD Act 2016 Sections 56, 57, 59, 91; benchmark disability 40%; Maharashtra State RPwD Rules 2024 Rule 8; Zilla Parishad teachers suspension quashed; compulsory retirement moral turpitude; Article 14 non-arbitrariness; Government Resolution 16.06.2025 and 09.10.2025; Swavlamban portal; Bombay High Court writ petitions partly allowed; BERA hearing impairment reassessment; FCI Jagdish Balaram Bahira; Ravindra Kumar Sharma; Ram Prakash Kharlwa Rajasthan High Court.
What did the court decide?
All Writ Petitions partly allowed: suspension orders, stoppage of salaries, directions to register FIRs, cancellations of Approvals/Shalarth IDs, disciplinary orders and transfers issued during the medical re-verification/re-assessment exercise quashed and set aside, subject to the paragraph 97 framework (graded consequences: compulsory retirement process for bogus-certificate holders and 0%-10% findings; deprivation of PwD benefits for 11%-39% findings; no action against superannuated/VRS employees); non-Medical-Board re-examination results discarded and to be redone by Medical Boards; completion within 120 days; apology-affidavit/voluntary-retirement option; Section 91 prosecution deferred for existing cases; pending Interim Applications disposed of.