A landmark Supreme Court ruling has declared that no one can be denied access to judicial services based on physical disability.
New Delhi: The Supreme Court, in a landmark judgment, has ruled that no individual can be barred from entering judicial services on the grounds of physical disability. The apex court struck down discriminatory provisions in the Madhya Pradesh Judicial Services Rules against visually impaired candidates, ensuring equal opportunities for disabled aspirants.
Visually Impaired Candidates to Access Judicial Services
The Supreme Court explicitly stated in its judgment that physical disability does not hinder judicial competence. The court asserted that disabled candidates must have equal rights to participate in judicial service examinations, and state governments must ensure necessary arrangements to facilitate this. The absence of any reservation for visually impaired candidates in the Madhya Pradesh Judicial Services Examination 2022 was declared a violation of the Rights of Persons with Disabilities Act, 2016.
The court adopted a b stance in this case, emphasizing the need to eliminate any form of indirect discrimination in judicial services to promote genuine equality.
Minimum Marks and Experience Requirement Also Nullified
The Supreme Court not only lifted the ban on visually impaired candidates but also annulled the provision in the Madhya Pradesh service rules mandating a minimum score of 70% in the first attempt or three years of legal practice experience. The court ruled that this requirement will now be limited to minimum educational qualifications, without the compulsion of achieving it in the first attempt.
This case came to light when the mother of a visually impaired candidate wrote to the then Chief Justice of India, D.Y. Chandrachud, alleging discrimination against her son. The Supreme Court converted this letter into a writ petition under Article 32, issuing notices to the Madhya Pradesh High Court, the state government, and the central government.
Equal Opportunities for Disabled Candidates Now Ensured
During the hearing, the court also inquired about the need for special training for visually impaired judges. In response, Gaurav Agrawal, the court's counsel and a senior advocate, suggested that special training for such judges and awareness programs for their colleagues would be necessary. An expert committee concluded that visually impaired and low-vision candidates are fully capable of performing judicial duties.
Following this ruling, disabled candidates will have equal access to judicial services, and the judicial system will become more inclusive. The Supreme Court's judgment conveys the message that disability does not affect judicial aptitude; with appropriate resources and training, everyone can have an equal opportunity.
