The Supreme Court affirmed that visually impaired candidates are not unfit for judicial service and are eligible to participate in selection. It granted the Madhya Pradesh High Court time to implement the order ensuring inclusion in the judiciary.
The Supreme Court granted the Madhya Pradesh High Court a four-month period to implement its ruling, which determined that visually impaired individuals cannot be barred from employment in judicial services.
The court also cancelled certain provisions of the Madhya Pradesh Judicial Service Rules that excluded these individuals.
A bench consisting of Justices JB Pardiwala and KV Viswanathan acknowledged the High Court’s counsel’s statement that it is currently working on finalizing the rules in collaboration with the state government.
The bench stated,
“Time as prayed for and is granted. List the matter after four months to report compliance and further progress,”
Earlier, On March 3, the Supreme Court delivered its ruling in response to petitions, including a suo motu case, concerning the denial of quota for visually impaired and low vision candidates in judicial services across several states.
The apex court remarked,
“It is high time that we view the right against disability-based discrimination, as recognised in the RPwD Act (Rights of Persons with Disabilities Act) 2016, of the same stature as a fundamental right, thereby ensuring that no candidate is denied consideration solely on account of their disability.”
In its comprehensive 122-page judgment, the court concluded that “visually impaired candidates cannot be said to be ‘not suitable’ for judicial service and they are eligible to participate in selection for posts in judicial service.”
The ruling indicated that the amendment to Rule 6A of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, “falls foul of the Constitution, and is hence, struck down to the extent that it does not include visually impaired persons who are educationally qualified for the post to apply.”
Also Read: Why Is the Lokpal Buying BMWs? Public Outcry Over Rs.70 Lakh Car Tender
Additionally, it declared that the stipulations of Rule 7 regarding additional requirements violated the principles of equality and reasonable accommodation, thereby invalidating its application to differently-abled individuals who possess the necessary qualifications to apply for judicial positions.
The Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 is the key legal framework that governs the recruitment, appointment, training, promotion, and service conditions of judicial officers in the Madhya Pradesh Judicial Service (MPJS) that is, Civil Judges (Junior Division and Senior Division) and District Judges.