In a historic decision regarding the recruitment of visually impaired individuals in judicial services, the Supreme Court has directed the authorities conducting the Rajasthan Judicial Service Examinations to implement separate cut-off marks and maintain distinct merit lists for Persons with Disabilities (PwD) at every stage of the selection process. The ruling aims to ensure transparency and equal representation for PwD candidates.

A bench comprising Justices JB Pardiwala and R. Mahadevan emphasized:

"We are of the opinion that maintaining and operating a separate cut-off list is mandatory for each category, which axiomatically includes the PwD category as well."

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Background of the Case

The issue arose due to the Rajasthan Judicial Service Examinations failing to publish separate cut-off marks for PwD candidates, even though other horizontal reservation categories such as women, divorced candidates, and widows had defined cut-offs. The court found this practice discriminatory and lacking in transparency.

Upon reviewing the Rajasthan Judicial Service Rules, 2010, the Supreme Court noted that Rule 10 recognizes Persons with Benchmark Disabilities (PwBD) as a separate category with specific reservations, while Rule 41 mandates a category-wise merit list based on cut-off marks.

The court held that failing to declare cut-off marks for PwD candidates leads to ambiguity, leaving them unaware of the score required to qualify for the next stage of selection.

"In effect, it compels PwD candidates to compete with other category candidates on unequal terms. Further, when the Rules considered PwD as a separate category and provided them with reservations, it is indispensable on the part of the authorities to declare separate cut-off marks for PwD candidates at each stage. This ensures that similarly placed candidates are adequately represented in judicial services, fulfilling the very purpose of reservation."

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The Supreme Court further stated that the non-disclosure of cut-off marks might result in the inadequate representation of PwD candidates in the judiciary, contradicting the provisions of the Rights of Persons with Disabilities (RPwD) Act, 2016.

The court reiterated:

"For the purpose of ensuring the rights of persons with disabilities, particularly in employment, there can be no distinction between PwD and PwBD. Any such technical distinction sought to be made by the authorities cannot be sustained in law."

The ruling aligns with previous Supreme Court judgments that have emphasized equal opportunities for PwD candidates. In the case IN RE RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES v. THE REGISTRAR GENERAL, HIGH COURT OF MADHYA PRADESH (SMW(C) No. 2/2024), the court underscored:

"None should be excluded from judicial service only because of disability."

Additionally, in another landmark judgment, the court cited instances of renowned legal professionals with disabilities, reinforcing that:

"Disability is no bar to excellence in the legal profession."

Case Title: IN RE RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES v THE REGISTRAR GENERAL THE HIGH COURT OF MADHYA PRADESH.,SMW(C) No. 2/2024