Chhattisgarh HC Orders Chief Secretary To File Personal Affidavit To Verify Fake Disability Certificates

The Chhattisgarh High Court recently directed the State Government’s Chief Secretary to file a personal affidavit explaining why no steps are taken to verify physical disability certificates as per a circular issued by him in 2019.

The petitioner had previously moved before the High Court in 2019, filing a Public Interest Litigation (PIL) in which he emphasized the widespread misuse of ‘disability certificates’ issued under the Rights of Persons with Disabilities Act, 2016.

While disposing of the case, the Court had then ordered the Chief Secretary of the State to issue appropriate directives to the relevant authorities to guarantee that no one other than a physically disabled person is allowed to profit from the Act’s provisions.

The Court further stated, “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.”

In response to the Court’s judgement, the Chief Secretary issued a circular in May 2019 directing all relevant authorities to check certificates issued under the Act before extending benefits under various government schemes and jobs. It also requires them to ensure that such benefits are being given to genuine people.

However, the petitioner took shelter of the High Court yet again, claiming that, notwithstanding the issuing of the circular, no positive steps had been taken by the relevant authorities to verify the authenticity of such certificates.

Taking note of the 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 case will be heard again in two weeks.