Chhattisgarh High Court Directs Chief Secretary To File Personal Affidavit Explaining Inaction To Identify Fake Disability Certificates

The Chhattisgarh High Court on Monday ordered the Chief Secretary of the State Government to file a personal affidavit showing as to why no steps are taken to verify the physical disability certificates as per a circular issued by him in 2019.

The petitioner had earlier approached the High Court in 2019, by filing a Public Interest Litigation (PIL) wherein he had highlighted the frequent misuse of ‘disability certificates’ issued under the Rights of Persons with Disabilities Act, 2016.

While disposing of the case, the Court had then directed the Chief Secretary of the State to issue appropriate directions to the concerned authorities to ensure that no person other than a physically disabled is allowed to avail the benefits provided under the Act. The Court had also noted,

“This direction has been passed because one too many allegations of misuse of disability certificates and easy access thereto even by non genuine persons for obtaining employment or benefits are emerging.”

Pursuant to the order of the Court, the Chief Secretary had issued a circular in May, 2019 directing all the concerned authorities to verify the certificates issued under the Act before extending benefits of different government schemes and jobs. It had also required them to ensure that only genuine persons are extended such benefits.

However, the petitioner took shelter of the High Court yet again alleging that despite the issuance of the circular, no positive step has been taken by the concerned authorities to verify the genuineness of such certificates.

Taking due cognizance of such submission, the Division Bench of Chief Justice Ramesh Sinha and Justice Sanjay K. Agrawal ordered,

“In that view of the matter, the Chief Secretary, Government of Chhattisgarh is directed to file his personal affidavit as to why no positive steps are being taken to verify the physical disability certificates as per circular issued by him in the month of May, 2019.”

The matter will next be heard after two weeks.

Case Title: Chhattisgarh Divyang Seva Sangh v. State of Chhattisgarh & Ors.

Case No.: WPPIL No. 36 of 2023

Order Dated: April 24, 2023

Counsel for the Petitioner: Mr. Sangharsh Pandey, Advocate

Counsel for the Respondents: Mr. Raghvendra Pradhan, Additional Advocate General; Mr. Anand Mohan Tiwari, Advocate

Click Here To Read/Download Order