Introduction:

The Madhya Pradesh High Court has proposed a revolutionary three-tier scrutiny system for issuing disability certificates, specifically for candidates seeking public employment. In response to a plea by the National Federation Of The Blind (MP), the court emphasized the importance of preventing fraudulent claims and ensuring accurate certification through a comprehensive process. The judgment addresses the state government’s obligation to fill vacancies for visually impaired individuals, discussing the historical context of reservation policies.

Arguments:

The petitioner highlighted the dismissive attitude of the state government towards appointing visually impaired individuals in accordance with statutory requirements. The defense argued that the state’s non-compliance with reservation policies was unjustifiable, given the petitioner’s mental health history. The court examined the state’s stance and stressed the need for a robust three-tier system to scrutinize disability certificates.

Court’s Judgement:

Justice Vivek Agarwal proposed the establishment of a three-tier scrutiny system involving District Level Committees, Divisional verification teams, and joint verification at Government Medical Colleges. The court underscored the state’s duty to address backlogs in appointments since 1996 and ensure compliance with the percentages allocated for different categories. Reference to Section 84 IPC (persons of unsound mind) was made, emphasizing the court’s commitment to protecting the rights of differently-abled persons.