Supreme Court Strikes Down Rule Excluding Visually Impaired Candidates from MP Judicial Services
The Supreme Court has struck down Rule 6A of the MP Judicial Service Rules, 1994, which excluded visually impaired candidates from judicial service recruitment, ensuring equal opportunities for PwD aspirants.
New Delhi: In a landmark ruling, the Supreme Court of India has struck down Rule 6A of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, which barred visually impaired and completely blind candidates from being appointed to judicial service positions in the state.
The judgment reinforces the rights of Persons with Disabilities (PwDs) and affirms their right to equal opportunities in judicial appointments.
SC Ruling Promotes Inclusive Judicial Recruitment
A Bench comprising Justices J.B. Pardiwala and R. Mahadevan ruled that the exclusion of visually impaired candidates from judicial recruitment is discriminatory and violates the principles of equal opportunity enshrined in the Constitution of India. The court emphasized that PwD candidates must not face any form of bias or exclusion, and that the government must implement affirmative action policies, including reservations, to foster inclusivity in the judicial services.
The ruling came after the Supreme Court took suo motu cognizance of a letter petition addressed to the Chief Justice of India (CJI) by the mother of a visually impaired candidate who aspired to serve in the judiciary of Madhya Pradesh.
Background of the Case
In March 2023, then-CJI D.Y. Chandrachud-led Bench had converted the letter petition into a writ petition under Article 32 of the Constitution. The court subsequently issued notices to the Union government, the Madhya Pradesh government, and the Registrar General of the Madhya Pradesh High Court to justify the exclusion of visually impaired candidates from the judicial service recruitment process.
Senior advocate Gaurav Agrawal was appointed as amicus curiae to assist the court in the matter.
Interim Relief for Visually Impaired Candidates
Pending a final decision, the Supreme Court had issued an interim order allowing visually impaired candidates who secured minimum qualifying marks in the preliminary examination to appear for the main judicial examination.
The court also directed the Madhya Pradesh High Court to ensure the following arrangements for visually impaired candidates appearing in the main exam:
- Provision of a scribe for each candidate
- Additional time for completion of the examination at the rate of 20 minutes per hour
This interim relief allowed affected candidates to continue participating in the recruitment process while awaiting the final verdict.
The Implications of Rule 6A
Rule 6A, which was inserted in June 2023, provided a 6% horizontal reservation for persons with locomotor disabilities, including leprosy-cured individuals, persons with dwarfism, muscular dystrophy, and acid attack survivors. However, it specifically excluded those with cerebral palsy and visually impaired individuals, creating a legal and constitutional debate over its validity.
The Supreme Court found this rule to be in direct violation of Section 34 of the Rights of Persons with Disabilities Act, 2016, which mandates equal opportunity for all persons with disabilities, including those with visual impairments.
Supreme Court’s Verdict: A Step Towards Equality
In its final ruling, the Supreme Court observed that excluding visually impaired candidates from the judicial service is not only arbitrary but also unconstitutional. The court noted that individuals with visual impairments have successfully demonstrated their capabilities in various fields, including the judiciary, and should not be deprived of opportunities due to outdated policies.
The judgment mandates that the Madhya Pradesh government revise its judicial recruitment rules to accommodate visually impaired candidates, ensuring they have equal access to judicial service positions without discrimination.
Legal and Social Impact of the Ruling
The Supreme Court’s ruling sets a strong precedent for the inclusion of persons with disabilities in all spheres of public employment, particularly in the judiciary. The decision:
- Reinforces the Right to Equality (Article 14) and Right to Opportunity in Public Employment (Article 16) under the Indian Constitution.
- Strengthens the implementation of the Rights of Persons with Disabilities Act, 2016.
- Encourages state governments to reassess and modify discriminatory recruitment policies.
- Promotes an inclusive and diverse judiciary that reflects all segments of society.
What’s Next?
Following the Supreme Court’s directive, the Madhya Pradesh government and the High Court will need to amend their recruitment rules to comply with the ruling. The decision also places greater responsibility on other states to review their judicial service eligibility criteria to ensure they align with constitutional and legal provisions for equal opportunity.
This landmark judgment marks a significant step forward in making the Indian judiciary more inclusive, ensuring that talented individuals with disabilities are given a fair chance to serve the nation.
