NEW DELHI: The Supreme Court on Monday held that no candidate can be denied consideration in judicial services solely on account of their disability, as reasonable accommodation must be provided to them in assessing their eligiblity in terms of the Rights of Persons with Disabilities Act, 2016.
SC Rules in Favor of Blind Candidates: Ensures Equal Opportunity in Judicial Services
A bench of Justices J B Pardiwala and R Mahadevan struck down a rule of the Madhya Pradesh Judicial Services Rules to the extent it barred visually impaired and low vision candidates from judicial service.
The court declared that visually impaired and low vision candidates would be entitled to participate in the selection for the judicial service posts across the country.
Judicial Services and Disability Rights: SC Strikes Down MP Rule Barring Blind Candidates
In its judgment in a suo motu matter, the bench said the persons with disabilities must not face any discrimination in their pursuit of judicial service recruitments and that the State must provide them affirmative action to ensure an inclusive framework.
"Any indirect discrimination that results in the exclusion of Person with Disabilities, whether through cutoff or procedural barriers must be interfered with in order to uphold substantive equality," the bench said.
Justice Mahadevan pronounced the judgment on behalf of the bench.
The verdict would have far reaching positive impact
The court last year registered the suo motu matter on a letter by the mother of a candidate.
The issue concerned the validity of Rule 6A of the Madhya Pradesh Services Examination (Recruitment and Conditions of Services) Rules 1994. The court had reserved its order on December 3, 2024.
Delivering its judgment, the court said it dealt with the constitutional framework and institutional disability framework and treated the case as the most important one.
While setting aside the order of the HC and notification of the State of MP govt of February 18, 2023, the bench said, "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".
