sc-gives-mp-hc-time-to-implement-order-on-disability-quota

The Supreme Court has given the Madhya Pradesh High Court a four-month period to implement its recent ruling. That judgement established that visually impaired individuals cannot be denied employment opportunities in judicial services and consequently struck down provisions in the Madhya Pradesh Judicial Service Rules that excluded them.

A bench comprising Justices JB Pardiwala and KV Viswanathan acknowledged the submission from the High Court's counsel that it was in the process of finalising the necessary rules in consultation with the state government.

"Time as prayed for and is granted. List the matter after four months to report compliance and further progress," the bench stated.

The Supreme Court delivered the landmark judgement on March 3rd, following petitions, including a suo motu (on its own motion) case, concerning the denial of quotas to candidates with visual impairment and low vision in judicial services across several states.

The apex court had stated: "It is high time that we view the right against disability-based discrimination, as recognised in the RPwD Act (Rights of Persons with Disabilities Act) 2016, of the same stature as a fundamental right, thereby ensuring that no candidate is denied consideration solely on account of their disability."

In the 122-page verdict, the court held: "Visually impaired candidates cannot be said to be 'not suitable' for judicial service and they are eligible to participate in selection for posts in judicial service." The ruling further declared that the amendment made in Rule 6A of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, "falls foul of the Constitution, and is hence, struck down to the extent that it does not include visually impaired persons who are educationally qualified for the post to apply". It also noted that the provision of Rule 7, relating to additional requirements, violated the equality doctrine and the principle of reasonable accommodation, striking down its application to differently-abled persons who have the requisite qualifications for applying to judicial posts.

 

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