SC allowed visually impaired candidates in the judiciary
Last Updated on March 5, 2025 by Shianjany Pradhan
The SC held that the employment opportunity in judicial services could not be denied to visually impaired candidates.
The court struck down the rules provided in the MP judicial services that excluded them.
The court said that the right of disabled persons against disability discrimination must be realized as it has been given a similar stature of a fundamental right.
Justices JB Pardiwala and R Mahadevan delivered the judgment.
Justice Mahadevan said the visually impaired candidates cannot be considered unsuitable for judicial services. They are equally eligible to participate in the selection process.
The amendment to the rule 6A of the MP judicial service rules, does not align with the constitution and is struck down till the point of its exclusivity of the visually impaired candidates.
The court said that as per the rights-based approach, such candidates should not face discrimination at any cost, especially in these judicial services opportunities.
The court referred to the principle of reasonable accommodation, which is mandated in most of the international conventions and jurisprudence.
It said that the accommodation must be provided to them so that they can access and test whether they are eligible or not.
The court said that any sort of indirect exclusion will straight away amount to discrimination.
When it comes to ensuring equal opportunity then an inclusive approach has to be followed.
The court said that the principle of equality, as enshrined in articles 14, 15, and 16, is the bedrock of the Constitution.
If such rules are laid down, then it would promote that reasonable accommodation is a discretion and not a fundamental right, which is not so.
Also, under the 73rd and 74th Amendments, the state has been mandated to make provisions for safeguarding the interest of the weaker sections.
The court also permitted that a relaxation must be given in the cutoff marks for the PWD candidates, if there are not sufficient candidates in their category.
A separate cutoff and merit list should also be prepared for these candidates at every stage to ensure fairness.
