Bench emphasizes prevention of fraudulent claims under the Rights of Persons with Disabilities Act, 2016, balancing inclusivity with transparency and fairness in reservation policies.
In a landmark judgment delivered on January 27, 2026, the Rajasthan High Court, Jaipur Bench, presided over by Justice Ashok Kumar Jain, upheld the State Government’s authority to reassess disability certificates submitted by candidates claiming reservation under the benchmark disabilities category for public employment. The decision comes in a batch of writ petitions filed by several individuals challenging the re-examination orders issued by the State authorities, which mandated reassessment of their disabilities, some after they had been appointed to government posts.
The petitions were primarily filed by persons with benchmark disabilities who contended that the disability certificates issued by competent authorities under the Rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016), were binding and conclusive. They claimed that the State's insistence on re-examination violated their fundamental rights under Articles 14 (equality before law), 16 (equality of opportunity in public employment), and 21 (right to life and personal liberty) of the Constitution of India. The petitioners also argued that the doctrine of reasonable accommodation, a key principle under the RPwD Act, 2016, was not adhered to during the reassessment process.
On the other hand, the State, through its counsels, submitted that reassessment was necessitated due to a surge in complaints and instances of fake and fraudulent disability certificates being used to secure government jobs reserved for persons with benchmark disabilities. It was argued that ensuring the authenticity of certificates is essential to uphold the constitutional mandate of equal opportunity and prevent misuse of reservation benefits.
The Court meticulously examined the provisions of the RPwD Act, 2016, especially Sections 2(r), 20, 33, 34, 56, 57, 58, 59, and 91, along with the guidelines issued by the Department of Empowerment of Persons with Disabilities (DEPwD), Ministry of Social Justice and Empowerment, Government of India. The Court noted the establishment of the Unique Disability ID (UDID) system, which aims to create a national database of persons with disabilities to authenticate certificates and facilitate transparency.
Significantly, the Court relied on the Supreme Court’s judgment in State of U.P. v. Ravindra Kumar Sharma (2016) and other precedents emphasizing that “fraud vitiates everything,” and individuals securing employment through fraudulent certificates are not entitled to legal protection. The Court also underscored that while inclusivity and reasonable accommodation are fundamental, they do not permit misuse of the reservation system.
The judgment clarified that:
1. The State Government is constitutionally empowered to reassess disability certificates to ensure authenticity and prevent fraud.
2. Disability certificates must comply with the guidelines issued under Section 56 of the RPwD Act, 2016; certificates issued contrary to these guidelines are void.
3. The doctrine of reasonable accommodation requires that reassessment procedures be conducted humanely and without undue hardship, but it does not bar re-examination where there is reason to doubt the certificate’s validity.
4. Individuals who have secured government jobs on the basis of fraudulent or false disability certificates may face termination and criminal prosecution.
5. The State must notify designated certifying authorities and their jurisdiction as per the RPwD Act, and only certificates issued by such authorities are valid.
6. The petitioners cannot claim protection from reassessment orders, especially when public interest and constitutional mandates require verification to prevent misuse.
The Court disposed of the writ petitions, holding that re-examination and reassessment of benchmark disabilities by competent authorities are lawful and necessary steps to ensure fairness in public employment under the RPwD Act, 2016.
This judgment reinforces the balance between the rights of persons with disabilities to equality and inclusion and the State’s duty to prevent fraudulent claims that undermine these rights.
Bottom Line:
Rights of Persons with Disabilities Act, 2016 - The State Government is competent to re-assess disability certificates submitted by candidates seeking reservation for public employment under benchmark disabilities category, to ensure authenticity and prevent fraud.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Sections 2(r), 3(5), 20, 33, 34, 56, 57, 58, 59, 91; Constitution of India Articles 14, 16, 21; Indian Evidence Act Sections 44, 79.
