In a significant verdict, the Supreme Court on Monday held that visually impaired persons cannot be denied the opportunity of employment in judicial services. A bench comprising justices J B Pardiwala and R Mahadevan had reserved the judgement on six petitions. Pronouncing the verdict, Justice Mahadevan said that persons with disabilities must not face any discrimination in their pursuit of judicial service recruitment and that the State must provide them with affirmative action to ensure an inclusive framework. The Apex Court struck down a provision in the Madhya Pradesh Judicial Services (Recruitment and Conditions of Services) Rules, 1994, barring visually impaired and low vision candidates from judicial service in the state, and underlined the importance of ensuring substantive equality.
While pronouncing the verdict, Justice Mahadevan emphasised the significance of the case, stating, "We have treated it as the most important case. We have touched upon the constitutional framework and institutional disability jurisprudence." The Court contended that persons with disabilities must not face discrimination in judicial services and urged the State to implement affirmative action to foster an inclusive system. It categorically stated, "No candidate can be denied such an opportunity solely on account of disability."
The bench ruled that Rule 6A of the Madhya Pradesh Judicial Services Rules -- which disqualified visually impaired and low-vision candidates --was unconstitutional. Additionally, the requirement for such candidates to have three years of prior legal practice was also struck down, ensuring a level playing field in judicial recruitment. The Supreme Court further extended the relief to visually impaired candidates from Rajasthan, allowing them to participate in the selection process for judicial services. The ruling reinforces the right to equal opportunities and affirms that no individual should be denied a judicial career solely based on disability.
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