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SC Upholds Equal Opportunities For Persons With Disabilities In Judicial Service

 

GUWAHATI: In a landmark judgment, the Supreme Court of India ruled that no individual can be denied recruitment to the judicial service solely due to physical disabilities. The court emphasised the state’s obligation to ensure affirmative action and an inclusive framework for persons with disabilities (PwD).

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Delivering the verdict, a bench of Justices JB Pardiwala and R. Mahadevan struck down provisions of the Madhya Pradesh Judicial Services Rules that barred visually impaired and low-vision candidates from judicial appointments. The ruling also invalidated a three-year practice requirement or a 70% aggregate score for PwD candidates, clarifying that educational qualifications should apply without additional restrictive conditions.

-PwD candidates must be provided reasonable accommodations under the Rights of Persons with Disabilities Act, 2016 to ensure fairness in judicial service recruitment.

-Visually impaired and low-vision aspirants are now eligible for judicial posts and cannot be excluded due to indirect discrimination, such as procedural barriers.

-The Rajasthan Judicial Service exam must also reconsider PwD candidates who were denied selection due to the absence of a separate cutoff in preliminary examinations.

-The court directed authorities to provide necessary training and accommodations for disabled judicial officers upon recruitment.

The case originated from a letter sent to former Chief Justice DY Chandrachud by the mother of a visually impaired candidate, protesting exclusion from the Madhya Pradesh Civil Judge Class-II examination, 2022. The Supreme Court took suo motu cognisance and issued notices to the Madhya Pradesh High Court, State of Madhya Pradesh, and the Union of India.

Legal experts, including Senior Advocate Gaurav Agarwal (Amicus Curiae), argued that provisions like Section 34 of the Rights of Persons with Disabilities Act, 2016, which mandates reservations for disabled persons, also extend to judicial officers. The Madhya Pradesh Rights of Persons with Disabilities Rules, 2017, already provides 6% reservation for PWD candidates.

During deliberations, Justice Pardiwala inquired whether visually impaired judicial officers require specialised training. The Amicus Curiae and an Expert Committee affirmed that visually impaired judges could perform judicial functions effectively with adequate support and training.

With this ruling, all PWD candidates who participated in judicial service selection exams are now entitled to reconsideration and potential appointment. The verdict upholds the principle of substantive equality and ensures greater accessibility for persons with disabilities in the Indian judiciary.

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