Chhattisgarh HC Rules Revenue Officers Cannot Cancel Disability Certificates

News Citation : 2026 LN (HC) 226 | 2026:CGHC:15026

April 2, 2026 : In a significant ruling protecting the rights of individuals with disabilities, the High Court of Chhattisgarh has quashed an order by a Sub Divisional Officer (Revenue) who attempted to invalidate a teacher’s disability certificate and recommended criminal action against him. Justice Amitendra Kishore Prasad ruled that revenue officials lack the medical expertise and statutory authority to adjudicate the genuineness of disability certifications issued by competent medical boards.

The case originated from a long-standing property dispute between the petitioner, Lakhan Bihari Patel, and his brother. Following a complaint by the brother alleging that Patel had obtained a forged hearing impairment certificate to secure his position as an Assistant Teacher in 2010, the Collector of Mahasamund directed a revenue inquiry. The Sub Divisional Officer (SDO) of Saraypali subsequently concluded the certificate was fraudulent, basing this decision on a 2018 audiometric report that showed no current disability, despite the original certificate being issued eight years prior.

Justice Prasad emphasized that disability is a “biological and temporal phenomenon” and cannot be retrospectively declared a forgery simply because a person’s condition might improve over time. The court noted that the SDO’s findings were rooted in “conjecture and surmises” rather than conclusive medical evidence. Furthermore, the court highlighted that the Civil Surgeon had never categorically stated the certificate was forged, only that they could not verify the 2010 photograph.

The judgment underscored that the Rights of Persons with Disabilities Act, 2016, and the Standard Operating Procedures effective from February 2025, provide a specific legal framework for verifying or cancelling certificates. By bypassing these specialized medical boards, the SDO acted without jurisdiction. The court ordered the immediate return of Patel’s original certificate and annulled the recommended criminal proceedings, reminding administrative bodies that they cannot act as appellate authorities over specialized medical boards.

Case Reference : In the matter of WPC No. 2241 of 2020 (Lakhan Bihari Patel vs. State of Chhattisgarh and Others), the petitioner was represented by Mr. Sunil Sahu, Advocate; the State (Respondents No. 1 to 3) was represented by Mr. Dilmanrati Minj, Deputy Advocate General; and Respondent No. 4 was represented by Mr. H.S. Patel and Mr. Chetan Singh Chauhan, Advocates.


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