Bhopal (Madhya Pradesh): The Supreme Court, on Monday, ruled that no candidate can be denied consideration for recruitment in judicial services solely due to physical disabilities. The court said that such candidates should be given due consideration during the eligibility assessment, in line with the Rights of Persons with Disabilities Act, 2016.
The ruling came after the court struck down a provision in the Madhya Pradesh Judicial Services Rules that barred visually impaired and low-vision candidates from judicial services.
In 2021, an amendment to the Madhya Pradesh Services Examination (Recruitment and Conditions of Services) Rules had excluded visually impaired persons from judicial services.
The Supreme Court had taken suo motu cognizance of this amendment. The court stated that persons with disabilities must not face discrimination in judicial service recruitment, and that the State must provide affirmative action to create an inclusive framework.
“Any indirect discrimination resulting in the exclusion of persons with disabilities, whether through cut-offs or procedural barriers, must be intervened to uphold substantive equality,” the court ruled.
The ruling clarified that visually impaired and low-vision candidates are eligible to participate in the selection process for judicial service posts. The court stated, “Visually impaired candidates cannot be said to be ‘not suitable’ for judicial service. They are eligible to participate in selection for posts in judicial service.”
Advocate Rahul Bajaj told Free Press that a bench of Justices JB Pardiwala and R. Mahadevan delivered the verdict in a suo motu case regarding Rule 6A of the Madhya Pradesh Services Examination (Recruitment and Conditions of Services) Rules. The amendment in 2021 had excluded visually impaired persons from judicial services, which the Supreme Court took cognizance of.
