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Supreme Court allows blind candidate to attend Rajasthan Civil Judge Interview: upholds horizontal reservation rights [Read Order]

By Saket Sourav      25 October, 2024 05:28 PM      0 Comments
Supreme Court allows blind candidate to attend Rajasthan Civil Judge Interview upholds horizontal reservation rights

Rajasthan: The Supreme Court of India has issued a significant interim order directing the Rajasthan High Court to allow a blind candidate to appear for the interview round of the Civil Judge recruitment examination, despite earlier disqualification based on EWS category cut-off marks.

A three-judge bench comprising Chief Justice of India, Justice J.B. Pardiwala, and Justice Manoj Misra heard the matter concerning a writ petition filed by Siddharth Sharma, challenging his exclusion from the interview process.

Supreme Court’s Interim Order Ensures Equal Opportunities for Persons with Disabilities in Rajasthan Civil Judge Recruitment

The case arose from the Rajasthan High Court’s Advertisement No. 783 of 2024, dated April 9, 2024, which announced recruitment for Civil Judge positions and reserved nine vacancies for Persons with Benchmark Disabilities, including two for blind and low-vision candidates.

According to the Court, “The petitioner appeared for the Preliminary Examination and secured the requisite marks for qualifying for the Mains Examination in terms of the PWD category. At the Main Examination, the petitioner scored 113.5 marks. However, he has not been called for the interview on the ground that he fails to fulfill the cut-off for the EWS category to which he belongs.”

The Court noted that according to the examination scheme, “Eligibility has been provided for a minimum of 30% of marks in each of the Law Papers and 35% of marks in the aggregate for the Main Examination for Scheduled Castes and Scheduled Tribes candidates and for Persons with Benchmark Disabilities.” The petitioner had fulfilled these criteria.

Petition Highlights Importance of Horizontal Reservation in Overcoming Category-Based Disqualification

Citing the landmark Indira Sawhney judgment, the Court emphasized that reservations for physically handicapped persons are horizontal in nature, cutting across vertical reservations. The Court stated, “The persons selected against this quota will be placed in the appropriate category so that if a candidate, for instance, belongs to the Scheduled Caste category, such a candidate will be placed in that quota by making necessary adjustments.”

Given that the interviews were scheduled to conclude on Saturday (October 26, 2024), the Court directed that “the petitioner shall be called for the interview as part of the ongoing interview process and shall be duly assessed by the Committee during the course of the interview.”

The respondents have been directed to file their counter-affidavit by November 1, 2024, and the matter is listed for further hearing on November 4, 2024.

Mr. Shadan Farasat, Senior Advocate, appeared for the petitioner.
Mr. Mukul Kumar appeared for the respondents.
Siddharth Sharma v. High Court of Judicature at Rajasthan & Anr.

[Read Order]



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Saket is a final-year law student at The National Law University and Judicial Academy, Assam. He has...Read more

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