Supreme Court Nullifies Rule Excluding Visually Impaired from MP Judicial Service

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Supreme Court Nullifies Rule Excluding Visually Impaired from MP Judicial Service

Synopsis

The Supreme Court has ruled that visually impaired candidates should not be discriminated against in judicial service recruitment in Madhya Pradesh, demanding necessary reservations to ensure inclusivity.

Key Takeaways

  • Supreme Court emphasizes equality for PwD candidates.
  • Rule 6A of MP Judicial Service has been annulled.
  • Visually impaired candidates to receive reservations and accommodations.
  • Extra time and scribes for visually impaired during exams.
  • Initiated due to a letter petition from a concerned mother.

New Delhi, March 3 (NationPress) The Supreme Court on Monday asserted that Persons with Disabilities (PwD) candidates should not encounter any discrimination during the recruitment process for judicial services, emphasizing that the government must ensure reservations to foster an inclusive environment.

A Bench comprising Justices J.B. Pardiwala and R. Mahadevan annulled Rule 6A of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, which barred visually impaired and no-vision candidates from applying for positions in the judicial service.

Last year in March, the apex court initiated suo moto proceedings after a letter petition was sent to the Chief Justice of India (CJI) by the mother of a visually impaired applicant seeking a role within the judicial service in Madhya Pradesh.

This letter petition was transformed into a writ petition under Article 32 of the Constitution, leading the then CJI D.Y. Chandrachud-led Bench to issue notices to both the Union and state governments as well as the Registrar General of the MP High Court.

The court also invited senior advocate Gaurav Agrawal to serve as amicus curiae in the case.

In a subsequent interim order, the Supreme Court directed that visually impaired candidates who achieved the minimum qualifying marks in the preliminary examination should be allowed to participate in the main examination.

“The High Court shall arrange for a scribe for each visually impaired candidate appearing in the main examination. Additionally, these candidates will be granted extra time to complete the examination at the rate of 20 minutes for each hour of the examination,” it stated.

Rule 6A, introduced in June 2023, mandates that 6% of positions will be horizontally reserved for individuals with locomotor disabilities, including those cured of leprosy, individuals with dwarfism, muscular dystrophy, and acid attack survivors, excluding cerebral palsy, as detailed under section 34 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016).