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Allahabad HC judgment against wrong disability certification based on 1996 disability rules

Wed, 02/10/2016 - 11:35 -- geeta.nair
Date of enactment: 
Wednesday, February 10, 2016
Eyeway Synopsis: 
Allahabad HC judgment against wrong disability certification based on 1996 disability rules
Introduction to Act: 
Allahabad HC judgment against wrong disability certification based on 1996 disability rules. 1. Leave granted. 2. The question involved in the appeal is as to the right of the appellant to verify the disability certificates issued by the Medical Board under the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996. The respondents applied for BTC training course under the physically handicapped category on the basis of certificates issued under the aforesaid Rules. It was claimed that they completed the training and had been offered appointment in the primary schools run and managed by the State Government. Complaint was received from Bhartiya Viklang Sangh of illegal usurpation of the quota reserved for handicapped persons on the basis of fraudulently procured certificates without suffering from the disability certified under the Rules of 1996. The State Government issued an order dated 3.11.2009 making a provision for constitution of fresh Medical Board in order to verify and assess the disability of the candidates. The candidates questioned communication dated 15.7.2010 issued by the Director, State Council for Educational Research & Training based upon the G.O. dated 3.11.2009 requiring them to appear before the Medical Board constituted in order to assess the disability. Out of the 234 candidates selected under the handicapped category on being examined by the Medical Board it was found that 21% of the candidates were not handicapped.
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State: 
Chandigarh
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