Physical Disability Cannot Be Sole Ground to Deny Judicial Service Recruitment: SC

Physical Disability Cannot Be Sole Ground to Deny Judicial Service Recruitment: SC

Today, the Supreme Court affirmed that individuals cannot be disqualified from judicial service recruitment solely due to their physical disabilities.

The Court emphasized that individuals with disabilities must not face discrimination in their pursuit of judicial service recruitment. It further asserted that the State has a duty to implement affirmative action, ensuring an inclusive framework. "Any indirect discrimination leading to the exclusion of persons with disabilities, whether through cutoffs or procedural barriers, must be addressed to uphold substantive equality," the Court stated.

"No candidate can be denied consideration solely on account of their disability," the Court stated. Accommodation must be provided to them while assessing their eligibility in terms of the Rights of Persons with Disabilities Act, 2016.

In line with this reasoning, the Supreme Court struck down a provision in the Madhya Pradesh Judicial Services Rules that barred visually impaired and low-vision candidates from judicial service.

The Court firmly held that "visually impaired and low vision candidates are eligible to participate in the selection for posts under the judicial service."  

The verdict was delivered by a bench comprising Justices JB Pardiwala and R. Mahadevan in a suo motu case concerning Rule 6A of the Madhya Pradesh Services Examination (Recruitment and Conditions of Services) Rules, 1994.

The Supreme Court also struck down Rule 7 of the Madhya Pradesh Service Rules to the extent that it imposed an additional requirement of either a three-year practice period or securing an aggregate score of 70% for eligibility. However, the Court clarified that while the rule will apply to persons with disabilities (PWD) regarding educational and other qualifications, including the 70% minimum aggregate, it cannot mandate that the marks be obtained in the first attempt or require prior legal practice of three years.

PWD candidates who participated in the selection process are now entitled to be considered for judicial service appointments in accordance with the judgment. If they meet the necessary eligibility criteria, they can be appointed to the vacant posts.

The Court had reserved its orders in the case on December 3, 2024, coinciding with the International Day of Persons with Disabilities. It also considered writ petitions filed by PWD candidates who had applied for the Rajasthan Judicial Service.

Addressing their concerns, the Court ruled that PWD candidates who had challenged the lack of a separate cut-off in the Rajasthan Judicial Service Preliminary Examination—and were consequently not selected for the main exam—are entitled to be considered in the next recruitment cycle if they choose to apply, in light of this judgment.

The judgment, authored by Justice R. Mahadevan, emphasized a rights-based approach, asserting that persons with disabilities must not face any discrimination in their pursuit of judicial service opportunities.

Case Title: IN RE RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES v. THE REGISTRAR GENERAL THE HIGH COURT OF MADHYA PRADESH.,SMW(C) No. 2/2024

 
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