New Delhi: The Supreme Court, in a landmark verdict, on Monday (March 3) held that visually impaired and low vision candidates are eligible for their selection for the judicial service posts.
A bench comprising Justice JB Pardiwala and Justice R Mahadevan struck down a rule in the Madhya Pradesh Judicial Services (Recruitment and Service Conditions) Rules to extent it prevented appointment of visually impaired and low vision candidates in the state judicial services.
No candidate can be denied such opportunity solely on account of disability: Apex Court
“No candidate can be denied such opportunity solely on account of disability,” Justice Mahadevan said while delivering the verdict and added, “visually impaired and low vision candidates are eligible to participate in the selection for posts under the judicial service.”
“Rule 6A of the MP Judicial Services Rules 1994 is struck down insofar as it excludes visually impaired and no-vision candidates from appointment in judicial services,” the bench further said.
There must be affirmative action on behalf of state to provide inclusive framework: Apex Court
The court, while stating that it has touched upon constitutional framework also and institutional disability jurisprudence, said that right-based approach necessitates that persons with disabilities must not face any discrimination in the pursuit of judicial service opportunities.
“There must be affirmative action on behalf of state to provide inclusive framework. Any indirect discrimination that results in the exclusion of PWDs (persons with disabilities), whether through cut off or procedural barriers must be interfered with in order to uphold substantive equality,” the court said.
The top court, besides granting relief to candidates from Madhya Pradesh, also granted similar relief to similarly-placed candidates from Rajasthan.
Apex Court verdict came on a batch of petitions
The top court verdict came on a batch of petitions, including letter it had converted into a suo motu petition. The said letter was written by a mother of a candidate against the said rule to the Chief Justice of India (CJI). Orders were reserved by the top court on December 3 last year.
The top court set aside the High Court order and the notification dated February 18, 2023, issued by the State of Madhya Pradesh.
“The appellants and similarly placed persons who had participated in selection process are entitled to be considered in the light of this decision and they may be appointed if they are otherwise eligible,” the apex court said.
