Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Rules handicapped category 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Persons with Disabilities (equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996 — Verification of the disability certificates issued by the Medical Board under — Right of the Government — On facts, complaint 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 — On the basis thereof, issuance of drder by the Government for verification of such certificates issued by the Medical Board — Certificates of 21% of selected candidates of handicapped category found to be fraudulent — Challenge to - Division Bench of the High Court holding that it is not permissible to reopen medical certificate carried out under the Rules — On appeal, held: Fraud vitiates and in such a case when large number of candidates have illegally usurpéd the reserved seats of the persons suffering from disability the action of State Government did not call for interference — There was no scope for the Division Bench to interfere and issue order to perpetuate fraud — Order passed by the Division Bench of the High Court set aside. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2016 INSC 129 |
Petitioner | State Of U.p. & Ors. |
Respondent | Ravindra Kumar Sharma & Ors. |
SCR | [2016] 2 S.C.R. 845 |
Judgement Date | 2016-02-03 |
Case Number | 758 |
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