Can’t discard valid disability certificate over fresh medical test: Cal HC

Kolkata: In a significant ruling protecting the rights of persons with disabilities, the Calcutta High Court has held that a valid disability certificate issued under law cannot be brushed aside by a later medical examination conducted during recruitment.

A Division Bench of Justice Madhuresh Prasad and Justice Prasenjit Biswas directed the state to issue an appointment letter to a candidate whose selection as an Ayurvedic Pharmacist had been cancelled after a fresh medical test assessed his disability below the required benchmark.

The petitioner, diagnosed with mild cerebral palsy with right-sided hemiparesis since childhood, had consistently been certified as having 55 percent disability by competent medical boards over the years. Relying on this certificate, he applied under the disability quota and was selected through a state recruitment process.

However, at the final stage, his candidature was cancelled after a medical board, during a routine fitness examination, assessed his disability differently.

The High Court found this legally unsustainable. It observed that a disability certificate issued under the statutory framework carries legal sanctity and continues to remain valid unless set aside in accordance with law. Such certification must be accepted for availing reservation and other benefits, the court said.

Drawing a clear distinction, the Bench held that a medical fitness test conducted before appointment has a limited purpose and cannot be used to reassess or alter the degree of disability already certified under the law.

Holding that the authorities had “no scope” to ignore a valid disability certificate, the Court said the cancellation of candidature on this ground was unsustainable.