Supreme Court Directs Rajasthan HC to Appoint Woman with Low Vision as Civil Judge

Supreme Court Directs Rajasthan HC to Appoint Woman with Low Vision as Civil Judge

In a significant order on Tuesday, the Supreme Court directed the Rajasthan High Court to appoint Rekha Sharma, a woman with low vision from the general category, as a Civil Judge in the state judiciary.

A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma invoked its extraordinary powers under Article 142 of the Constitution to ensure "complete justice" in the case. The Court asked the High Court to either appoint Sharma directly or create a supernumerary seat for her.

Article 142 empowers the Supreme Court to pass any decree or order necessary for doing complete justice in any case pending before it.

Rekha Sharma, who also belongs to the Economically Weaker Section (EWS) within the general category, was denied appointment despite securing 119 marks—above the qualifying threshold for candidates with blindness and low vision.

Representing Sharma, Advocate Talha Abdul Rahman submitted that the Rajasthan judiciary had earmarked nine positions for candidates with benchmark disabilities, including two specifically for those with blindness or low vision. However, only two candidates were eventually appointed against the nine reserved positions, leaving room for Sharma's inclusion, he argued.

Rahman further contended that one of the seats reserved for Persons with Benchmark Disabilities (PwBD) was given to a Scheduled Tribe candidate who could have been accommodated under their own reservation category.

Taking note of these submissions, the bench emphasized the spirit of Article 142 and directed the High Court to ensure Sharma's appointment. The Court said this could be done either by creating a supernumerary post or by utilizing unfilled vacancies from the PwBD category that were carried forward from previous recruitment cycles.

“Having regard to the object and intention of Article 142 of the Constitution, we direct that the petitioner be appointed as a Civil Judge,” Justice Nagarathna stated.

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