The Supreme Court on Monday ruled that persons with disabilities must not face any discrimination in their pursuit of judicial service recruitments.
The Bench of Justice JB Pardiwala and Justice R. Mahadevan directed the State to ensure that any indirect discrimination resulting in the exclusion of Person with Disabilitiess, whether through cut-off or procedural barriers, must be interfered with an order to uphold substantive equality.
It further ordered accommodation for such persons, while assessing their eligibility in terms of the Rights of Persons with Disabilities Act, 2016.
The Apex Court passed the order on a suo motu case regarding Rule 6A of the Madhya Pradesh Services Examination (Recruitment and Conditions of Services) Rules 1994.
Striking down Rule 7 of the MP Service Rules that barred visually-impaired and low-vision candidates from judicial service, the Bench held that visually-impaired and low-vision candidates were eligible to participate in the selection for posts under the judicial service.
It further struck down Rule 7 of the MP Service Rules to the extent of prescribing additional requirement of either a three-year practice period or securing an aggregate score of 70 percent.
The top court of the country observed that the said Rule would be applicable to PWD candidates in so far as it prescribed the educational and other qualifications as eligibility criteria, including the minimum aggregate of 70 percent, but without the requirement that it should be in the first attempt or they should have three years practice.
The PWD candidates who had participated in the selection process were entitled to be considered for judicial service selection in the light of the judgment, and they could be appointed in the vacant posts if they are otherwise eligible.
On December 3, 2024, the Apex Court had reserved its verdict in the case. December 3 is coincidentally celebrated as the International Day of Persons with Disability.
The Court further considered writ petitions filed by PWD candidates who had applied for Rajasthan Judicial Service.
It held that those PWD candidates who filed writ petitions contending that a separate cut-off was not applied in the Rajasthan Judicial Service Preliminary examinations, and consequently were not selected for the main exam, are entitled to be considered in the next recruitment in the light of this judgment, if they so applied.
Authored by Justice Mahadevan, the judgment stated that a right-based approach necessitated that persons with disabilities must not face any discrimination in the pursuit of judicial service opportunities.