- (1.) Leave granted.
(2.) The question involved in the appeal is as to the 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. The respondents applied for BTC training course under the physically handicapped category on the basis of certificates issued under the aforesaid Rules. It was claimed that they completed the training and had been offered appointment in the primary schools run and managed by the State Government. Complaint was received from Bhartiya Viklang Sangh of illegal usurpation of the quota reserved for handicapped persons on the basis of fraudulently procured certificates without suffering from the disability certified under the Rules of 1996. The State Government issued an order dated 3.11.2009 making a provision for constitution of fresh Medical Board in order to verify and assess the disability of the candidates. The candidates questioned communication dated 15.7.2010 issued by the Director, State Council for Educational Research & Training based upon the G.O. dated 3.11.2009 requiring them to appear before the Medical Board constituted in order to assess the disability. Out of the 234 candidates selected under the handicapped category on being examined by the Medical Board it was found that 21% of the candidates were not handicapped.
(3.) A Single Bench of the High Court of Allahabad vide judgment and order dated 31.8.2010 dismissed the writ application holding that under the Rule framed in exercise of the powers under sub-sections (1) and (2) of section 73 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the general eligibility to apply for facilities, concessions and benefits admissible under the scheme of the Act is subject to such conditions as the State Government may impose and the State Government has imposed a condition in the order dated 3.11.2009 of constitution of the Medical Board for verification of the disability. Even otherwise under the rules there can be a review of the decision upon representation by the applicant and fresh order can be passed. Thus the certificate issued is not final.;