Quota in judicial services: Visually impaired persons need empathy, compassion, says SC

PTI, Dec 3, 2024, 8:58 PM IST

New Delhi: Visually impaired persons needed to be dealt with “empathy and compassion”, the Supreme Court said on Tuesday while reserving its verdict on pleas, including a suo motu case over non-grant of quota to such candidates in judicial services in a few states.

A bench comprising Justices J B Pardiwala and R Mahadevan said the judgement on six petitions was reserved on the auspicious day when the world was observing the International Day of Persons with Disabilities.

“What is required is empathy and compassion so that the visually impaired persons can perform their duties. There should not be a hostile approach towards them,” the bench said.

Senior advocate Gaurav Agarwal, who was assisting the bench as an amicus curiae, said the persons with visual disabilities such as blindness and low vision couldn’t be kept out of the ambit of the quota meant for the persons with disabilities.

Referring to Section 34 of the Rights of Persons with Disabilities Act, Agarwal said every appropriate government shall appoint in each of its “establishment not less than four per cent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent for persons with benchmark disabilities under clauses (d) and (e), namely (a) blindness and low vision…”.

The bench said if such persons were allowed to take up judicial services examinations like any other general category students then the state or the high courts couldn’t take up the plea that they were ineligible and couldn’t perform their duty as judges.

The amicus said if such persons were denied the opportunity to serve in the judiciary, then the purpose of the law, which grants reservation for the people suffering from benchmark disabilities, would be lost.

The bench said it may issue comprehensive guidelines for the future and not pass directions in individual cases, after some visually impaired persons were denied an opportunity to take up mains and interviews of judicial services examinations held in Madhya Pradesh and Rajasthan in 2024.

“They can appear next time,” Justice Pardiwala said and asked the counsel for the parties to file written notes within a week.

On November 7, the bench issued several directions ensuring equitable opportunities for persons with benchmark disabilities (PwBD) in judicial services across the country.

The directions came on a suo motu PIL initiated after a letter from the mother of a visually impaired aspirant highlighted discriminatory provisions in Madhya Pradesh’s judicial service rules.

The bench then said the high courts and the state public service commissions must establish separate qualifying marks for PwBD candidates in preliminary judicial examinations.

These marks should align with those for SC/ST candidates or be lower, depending on existing recruitment rules and after the preliminary exam a distinct cut-off should be applied for PwBD candidates, ensuring sufficient representation in the main exam.

Provisions should account for different disability categories, such as visual impairments, hearing impairments, locomotor disabilities, and other benchmark disabilities under Sections 34(1)(d) and 34(1)(e) of the Rights of Persons with Disabilities Act, 2016, the top court had said.

The case stemmed from Madhya Pradesh judicial service rules barring visually impaired candidates from appointment as judicial officers.

The bench earlier in 2024 allowed visually impaired candidates who cleared preliminary examinations to appear for the main exams under special arrangements, including provisions for scribes, extra time, and tailored accommodations.

The bench emphasised the recruitment processes across states must ensure inclusivity and equal opportunities for persons with disabilities.