Rajasthan HC: A Later Disability Assessment Cannot, by Itself, Justify Termination - Quashes Summary Termination of Confirmed Employee with Disability

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Court: High Court of Judicature for Rajasthan at Jodhpur

Bench: Hon’ble Mr. Justice Mukesh Rajpurohit

Case Name: Babu Ram v. State of Rajasthan & Ors.

Citation / Case No.: S.B. Civil Writ Petition No. 17812/2026 

Date of Order: August 21, 2026

Neutral Citation: 2026:RJ-JD:41541

"A later medical assessment that differs from an earlier disability certificate does not, by itself, establish fraud. Rajasthan High Court holds that statutory verification and natural justice must precede adverse action against a confirmed employee."

Overview

In a significant judgment safeguarding the service rights of persons with disabilities (PwDs), the Rajasthan High Court set aside the summary cancellation of appointment and dismissal of a confirmed Village Development Officer (VDO). The Court held that a mere variation in disability percentage in a subsequent medical re-examination does not automatically prove fraud or forgery.  Furthermore, confirmed public servants with disabilities cannot be stripped of their employment without following due process, adhering to the principles of natural justice, and complying with the statutory framework under the Rights of Persons with Disabilities (RPwD) Act, 2016.

Factual Background

• Initial Disability Certification: The petitioner, Babu Ram, suffers from locomotor disability in his right lower limb. He was issued disability certificates by competent medical authorities in 2013 (>40%) and 2018 (50%).
• Recruitment & Appointment: Participating under the disability quota (prescribing a minimum benchmark of 40% disability), he was selected as a Village Development Officer (VDO) under the Rajasthan Staff Selection Board advertisement of September 2021.
• Post-Appointment Verification: Following his appointment order in April 2023, he was examined by a three-doctor Government Medical Board at Sirohi, which again evaluated his locomotor disability at 50%. He completed his probation period and was subsequently confirmed in service.
• Re-examination Directive: In late 2025/early 2026, state authorities directed a blanket re-examination of employees recruited under the disabled category. During a re-assessment at District Hospital, Barmer, in April 2026, his disability was calculated at 30.5%.
• Summary Dismissal: Relying solely on this single re-examination report, the Block Development Officer (BDO), Sindhari, cancelled his appointment on July 7, 2026, without issuing a show-cause notice, providing a copy of the medical report, or affording any opportunity of hearing.

Key Issues Before the Court

1. Natural Justice & Constitutional Safeguards: Can a confirmed public servant be terminated via a summary administrative order without an inquiry or hearing when disability parameters fluctuate?
2. Standard of Proof for Ineligibility / Fraud: Does a variation in medical assessment between 50% and 30.5% automatically establish fraud, fabrication, or ineligibility?
3. Statutory Integrity of RPwD Act, 2016: Can administrative authorities bypass the statutory certification and appeal mechanisms under Section 58 of the RPwD Act, 2016?

Key Findings & Ruling of the High Court

1. Variation in Disability Evaluation Is Not Proof of Fraud

The Court noted that there was no allegation or finding that the petitioner had forged certificates or misrepresented facts. A variation across different medical boards over time cannot automatically be treated as proof of fraudulent conduct. . The initial certificate was issued by a competent authority, and post-appointment verification by another official board had also confirmed 50% disability.

2. Violation of Natural Justice & Article 311 Safeguards

Relying on the Supreme Court precedent in Debashish Mohapatra & Ors. v. District and Session Judge, Jagatsinghpur & Ors. (2026), the Court emphasized:

• Confirmation in service confers substantive status and security of tenure under Article 311 of the Constitution.
• Withholding the fresh medical report and terminating employment without a show-cause notice or an inquiry violates the core principles of natural justice.

3. Compliance with the RPwD Act, 2016 Requirements

The Court highlighted that the RPwD Act, 2016 provides a structured, statutory mechanism for disability assessment and verification (Section 58). Administrative departments cannot simply ignore legally valid disability certificates or treat them as void without following due process under the Act and applicable service rules.

Court Directions

1. Reinstatement: The impugned dismissal order dated July 7, 2026, was quashed. The respondents were directed to immediately permit the petitioner to resume service as a Village Development Officer.
2. Liberty for Lawful Inquiry: The Court clarified that while authorities retain liberty to initiate appropriate proceedings regarding eligibility, any future inquiry must:

• Be conducted independently and strictly in accordance with law.
• Supply all material/reports relied upon to the employee.
• Provide a effective opportunity of hearing before taking any adverse decision.
• Refrain from treating the 30.5% evaluation in isolation as conclusive proof of fraud.

Why This Judgment Matters for Disability Advocacy

Medical re-examinations ordered en masse often leave employees with disabilities vulnerable to subjective variations in clinical assessments, leading to sudden loss of livelihood. This decision serves as a crucial precedent reinforcing that:

• Disability evaluation is complex: Fluctuation in clinical evaluation does not equal bad faith or fraud on the part of the disabled candidate.
• Procedural justice is non-negotiable: PwD employees who have undergone transparent recruitment cannot be discarded arbitrarily through summary administrative action.
• Statutory primacy: The RPwD Act, 2016 protects PwDs from arbitrary bureaucratic overreach in disability certification matters.

Read this Judgment