Authority: High Court of Judicature at Bombay, Circuit Bench at Kolhapur
Order Date: 8 October 2026
Case Overview
- Petitioner: Kumar Dnyandev Kamble, 40‑year‑old Class‑IV employee (Attendant) in the Laboratory Department of Rajashree Chhatrapati Shahu Maharaj Government Medical College, Kolhapur, appointed on 1 September 2005 under the Scheduled Caste reservation.
- Respondents: 1) State of Maharashtra (through Secretary, Public Health Department, Mantralaya, Mumbai); 2) Directorate of Medical Education and Research, Government Dental College and Hospital Building, Mumbai; 3) Dean, Rajashree Chhatrapati Shahu Maharaj Government Medical College, Kolhapur; 4) Dean, Grant Medical College and Department of Traumatology and Orthopaedic Surgery (J.J. Hospital), Mumbai.
- Background: The petitioner was originally issued a disability certificate on 14 August 2005 certifying 45% permanent disability due to post‑polio residual paralysis of the left lower limb. In May 2018, following a state‑initiated verification exercise, he was re‑examined at J.J. Hospital on 21 May 2018 and a fresh certificate stating 35% permanent disability was issued.
- Dispute: The petitioner alleged that the re‑verification violated the Government Circular dated 16 May 2009 and the Government Resolution dated 6 October 2012, claiming the new undated certificate was illegal and should be quashed. He also argued that the re‑verification after a fifteen‑year lapse was barred by limitation.
- Employer Action: Shahu Medical College, relying on the 35% certificate, issued a show‑cause notice on 18 December 2018 demanding an explanation for alleged submission of a fallacious disability certificate and threatened termination.
- Legal Questions Presented: (i) Whether a permanent disability certificate can be re‑verified; (ii) Whether the Medical Board constituted by J.J. Hospital is the competent authority; (iii) Whether the assessment of 35% disability is lawful; (iv) Whether the petitioner can approach the High Court despite the availability of an appellate remedy.
Court Reasoning
- The Court referenced its earlier judgment in Santosh Hiraman Lashkare v. State of Maharashtra which upheld the State’s power to re‑verify disability certificates under the Rights of Persons with Disabilities Act, 2016, when complaints of bogus certificates arise.
- It noted that Section 2(r) and 2(s) of the 1995 Act (now superseded) and the 2016 Act permit re‑assessment in specific, warrantable circumstances.
- The Court observed that the Directorate’s communication dated 20 March 2018 and the subsequent notice dated 15 May 2018 lawfully directed the petitioner to appear before the Medical Board for verification.
- The Medical Board, constituted as per Clause 4 of the Government Resolution (6 Oct 2012) and Clause 3 of the Circular (16 May 2009), comprised Dr. Nadir Shah (Specialist), Dr. Sanjay Surase (RMO) and Dr. Mukund B. Tayade (President/Civil Surgeon). The Court found no evidence that the Board failed to examine the petitioner.
- The petitioner did not avail the statutory remedy of filing an appeal before the Appellate Board prescribed in the Government Resolutions of 6 Oct 2012 and 17 Oct 2017.
- Consequently, the Court held there was no ground to invoke its inherent jurisdiction to exempt the petitioner from re‑verification or to challenge the competence of the Medical Board.
Final Outcome
- The petition is dismissed as being bereft of merit.
- No order as to costs.
- The re‑verification and the 35% disability certificate are upheld.
Topics: Disability Verification, Legal Procedure