A bench of Justices JB Pardiwala and R Mahadevan has given this decision in an automatic cognizance case.
In Madhya Pradesh, now visually impaired Divyang will also be able to become judges in the courts. The Supreme Court has allowed the visually impaired Divyang to join the judicial service. The Supreme Court has said in a judgment on Monday that any person only got his physical
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On this basis, the Supreme Court canceled the provision of the Madhya Pradesh Judicial Services Rules, in which the candidates with blind and weak vision were excluded from the judicial service.
The court said that the candidates with blind and weak vision are eligible to participate in the recruitment process of judicial service. The Supreme Court made it clear that the disabled candidates should be provided equal opportunity in judicial service by giving reservation and assistant facilities.
3 -year practice or compulsory marks of 70%marks also rejected A bench of Justices JB Pardiwala and R Mahadevan has given this decision in an automatic cognizance case. In which Madhya Pradesh Service Examination (Recruitment and Services Conditions) Rule 6A of Rule 1994 was challenged. The court also rejected the provision of Rule 7, which determined the practice of 3 years or 70% marks for disabled candidates.
The court made it clear that, this rule would be applicable for educational qualification and minimum 70% marks, but it would not be necessary that these marks are obtained in the first attempt or the candidate has three years of experience.
The court said- there should not be discrimination in the recruitment process The court said that there should not be any discrimination in the process of recruitment in judicial service from disabled persons. The state should take positive steps to create an inclusive structure for them.
The court said that any indirect discrimination that causes disabled persons, whether it is through cut-off digits or in the form of procedural obstacles should be prevented to maintain real equality.
Divyang candidates right in judicial service recruitment The court has said that the disabled candidates who have already participated in the selection process. They will now be considered eligible for judicial service on the basis of this decision and if they meet other requirements, they can get appointment to vacant posts.
The matter was kept under consideration on 3 December 2024, on that day there is also International Disability Day. The court also considered the petitions of the disabled candidates applying for Rajasthan Judicial Service and said that they would be eligible to participate in the next recruitment cycle if they apply.
Case started with a letter sent to former Chief Justice The basis of hearing of the case was formed when the mother of a blind candidate sent a letter to the then Chief Justice DY Chandrachud. There was a complaint of his son being excluded from the recruitment process. The Supreme Court converted this letter into a petition under Article 32 of the Constitution and issued notice to the Secretary of Madhya Pradesh High Court, Government of Madhya Pradesh and Government of India.
The court said-
There was no reservation for blind participants in the Civil Judge Class-II examination held in 2022 for disabled candidates in judicial service, which was against the principles of Disability Rights Act 2016. In May 2024, the court passed the interim order and directed that the disabled candidates who appeared in the final examination will be eligible for interview on obtaining the minimum marks prescribed for SC, ST candidates.
Disability is a hindrance of society, not a person During the hearing of the case, Dr. Sanjay Jain (Professor of National Law University, Bangalore) argued in the court that disability is not in my physical weakness, but in social obstacles. Senior Advocate Gaurav Aggarwal (Nyaya Mitra) appointed by the Supreme Court mentioned Section 34 of the Disability Rights Act, 2016 before the court which arranges reservation for judicial officers, High Court and Supreme Court officials. He also informed that Madhya Pradesh has adopted Madhya Pradesh Disability Rights Rules, 2017, in which provision of 6% reservation has been made.
When Justice Pardiwala asked whether candidates with blind or weak vision would require special training to work in judicial service? So the Nyaya Mitra replied that not only judicial officers, but also their colleagues and staff need training and sensitivity. He also stated that, an expert committee constituted by the Government of India concluded that people with visually and weak visions are capable of doing judicial work.
(Tagstotranslate) Supreme Court Repeled The Provision of MP Judicial Service Rules
