SDO no authority on validity of disability certificates: HC

Raipur: Holding that only competent medical boards can determine the validity of disability certificates, the Chhattisgarh high court quashed an SDO's order that had alleged fraud and recommended criminal action against a teacher. Justice Amitendra Kishore Prasad ruled that a revenue official lacks the jurisdiction and medical expertise to adjudicate the validity of certificates issued by a district medical board. Lakhan Bihari Patel, an assistant teacher in Mahasamund district, was appointed in 2010 under the disabled category after a medical board certified him with 45.4% hearing impairment. His brother, Kailash Chandra Patel, filed a complaint in December 2017 alleging the certificate was forged following a family land dispute. Based on this complaint, the Collector directed the SDO (revenue) to conduct an inquiry. The SDO subsequently passed an order on 13 August 2020, claiming the petitioner obtained the certificate fraudulently and recommending criminal proceedings. The court identified several legal defects in the SDO's approach. The court stated that revenue officers are not statutory authorities or medical experts capable of verifying disabilities. Flawed evidence. The SDO relied on a 2018 audiometric report to invalidate a 2010 certificate. The court noted that disability can change over time and an improvement in condition does not prove past forgery. The inquiry bypassed the statutory mechanism provided under Section 52 of the Rights of Persons with Disabilities Act, 2016. The petitioner was not given a fair opportunity to rebut charges or present independent medical evidence. Justice Prasad emphasised that while courts can review the fairness of a decision-making process, they must rely on the opinions of specialised medical boards for technical assessments.The court quashed the SDO's order and the recommendation for criminal action. The court directed the official to return the petitioner's original certificate immediately. Authorities remain at liberty to verify the certificate if they follow the due process prescribed under the 2016 Act through a competent medical board.