The Chhattisgarh High Court in the case Chhattisgarh Divyang Seva Sangh v. State of Chhattisgarh And Ors observed and has ordered the Chief Secretary of the State Government for filing the personal affidavit wherein it is showed as to why no steps are to be taken in order to verify the physical disability certificates as per the circular issued in the year 2019 by him.
In the present case, the petitioner had earlier filed a Public Interest Litigation, PIL and has approached the High Court in the year 2018 wherein the petitioner highlighted the frequent misuse of the ‘disability certificates and the rights which is being issued under the Rights of Persons with Disabilities Act, 2016.
The court in the case observed and has directed the Chief Secretary of the State to issue appropriate directions to the concerned authorities for ensuring that no person other than a physically disabled person who is being allowed to avail the benefits as it is being provided under the Rights of Persons with Disabilities Act, 2016. Thus, the court disposed of the plea filed in the case.
It has also been noted by the court that the directions which are being passed because one too many allegations to the misuse of disability certificates and also the easy access thereto even by non-genuine persons for obtaining the employments and the benefits are emerging.
Therefore, the Chief Secretary issued a circular dated May, 2019, wherein directing all the concerned authorities in order to verify the certificates issued under the Act before extending benefits of different government schemes and jobs. Further, the court also required them to ensure that only genuine persons are being extended to such benefits.
The court observed that the petitioner in the case took shelter of the High Court yet again wherein it is alleged that despite the issuance of the circular, thus, no steps have to be taken by the concerned authorities in order to verify the genuineness of such certificates.
The Division bench headed by Chief Justice Ramesh Sinha and Justice Sanjay K. Agrawal in its order stated that the Chief Secretary, Government of Chhattisgarh is directed for filing his personal affidavit as to why no positive steps are being taken in order to verify the physical disability certificates as per circular issued by him in the month of May, 2019.
Accordingly, the court listed the matter to be next heard after two weeks.
The counsel, Advocate Mr. Sangharsh Pandey appeared for the petitioner.
The counsel, Advocate, Mr. Raghvendra Pradhan, Additional Advocate General; Mr. Anand Mohan Tiwari represented the respondent.
