SC grants time to MP HC to implement order on visually impaired persons in judiciary

New Delhi, Oct 22 (PTI) The Supreme Court has granted four months to the Madhya Pradesh High Court to implement its judgement which held that visually impaired persons cannot be denied the opportunity of employment in judicial services and struck down provisions of the Madhya Pradesh Judicial Service Rules that excluded them.

A bench of justices JB Pardiwala and KV Viswanathan noted the submission of the counsel appearing for the High Court that it was in the process of finalising the 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 said.

The top court on March 3 delivered the judgment on petitions, including a suo motu case, over the denial of quota to visually impaired and low vision candidates in judicial services in a few states.

The apex court had said, "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 judgement, 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 verdict had said 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 had also said that the provision of Rule 7 relating to additional requirements violated the equality doctrine and the principle of reasonable accommodation, and struck down its application to differently-abled persons who have the requisite qualifications for applying to judicial posts. PTI PKS PKS RT RT