2016 (2) TMI 1104 - SC - Indian Laws

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 - Held that - In the facts of the instant case there was a serious complaint lodged by Viklang Sangh of illegal usurpation of the quota reserved for specially abled by large number of persons who were not in fact specially abled and have procured certificates fraudulently from their districts under the Rules of 1996. On the basis of the said complaint Government has issued an order for the purpose of verification of such certificates issued by the Medical Board and certificates of 21% of selected candidates of handicapped category were found to be fraudulent. It is settled proposition of law that fraud vitiates and in such a case when large number of candidates have illegally usurped the reserved seats of the persons suffering from disability the action of State Government did not call for interference. Division Bench of the High Court has ignored and overlooked the material fact that verification has already been done by the Medical Board and it has been found that certificates of 21% were fraudulently obtained. The High Court has issued a direction in the impugned order for physical verification of the candidate by the authorities and in case he does not suffer from disability so certified candidate can be subjected to fresh medical test. The High Court has overlooked that on mere physical verification it may not be possible to know various kinds of disabilities such as that of eyes, ear impairment etc. That can only be done by the medical examination and particularly when the High Court itself has observed that in case there is genuine suspicion and fraud has been committed medical certification can be reopened. Direction issued in this regard has not been questioned by the respondents and in fact process of re-verification was already over when High Court issued aforesaid directions. Such a fraud and genuine suspicion raised in the representation lodged by the Viklang Sangh and when 21% of such certificates have been found to be fraudulently obtained there was no scope for the Division Bench to interfere and issue order to perpetuate fraud, writ is to be declined in such a scenario and no equity can be claimed by the respondents. We set aside the impugned judgment and order passed by the Division Bench of the High Court and dismiss the writ petition.

Summary

Issues:
Verification of disability certificates under the Persons with Disabilities Rules, 1996.

Analysis:

Issue 1: Verification of Disability Certificates
The case involved a dispute regarding the verification of disability certificates issued by the Medical Board under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996. The respondents had applied for a training course under the physically handicapped category based on these certificates. A complaint was lodged alleging fraudulent procurement of certificates, leading to the State Government ordering a fresh Medical Board to assess the disability of the candidates. Subsequently, it was discovered that 21% of the selected candidates under the handicapped category were not actually handicapped. The High Court initially dismissed the writ application, stating that the certificates were subject to review and not final. However, a Division Bench later allowed the appeal, emphasizing that a roving inquiry could not be conducted unless fraud was detected. The High Court directed physical verification and a fresh medical test only if the candidate did not suffer from the certified disability.

Issue 2: Legal Precedents and Fraud
The Supreme Court referred to legal precedents emphasizing that fraud vitiates all transactions and acts. It was highlighted that fraud unravels everything, and fraud on the court is viewed seriously. The Court cited various cases to illustrate the principle that fraud and justice cannot coexist, and any deception or misrepresentation, even innocent, may amount to fraud. The Court stressed that fraud vitiates all solemn acts, and any collusion or conspiracy to deprive others of their rights renders transactions void ab initio.

Issue 3: Court's Decision
The Supreme Court, after considering the facts of the case and the prevalence of fraudulent disability certificates, set aside the High Court's order. The Court emphasized that in cases of suspected fraud and when a significant percentage of certificates were found to be fraudulently obtained, there was no justification for perpetuating the fraud. The Court dismissed the writ petition but directed that individuals be given a show cause opportunity before any action was taken against them, ensuring compliance with legal procedures. The Court allowed the appeal to this extent and mandated the completion of the process within four months.

In conclusion, the Supreme Court's judgment highlighted the importance of verifying disability certificates to prevent fraudulent practices and emphasized that fraud in any form vitiates legal proceedings. The Court's decision aimed to uphold the integrity of the disability certification process and ensure that individuals facing genuine disabilities receive the benefits and opportunities intended for them under the law.