New Delhi: 

The judgement was delivered by a bench comprising justices JB Pardiwala and Justice R Mahadevan. Justice Mahadevan, pronouncing the judgment on behalf of the bench, said that the rights-based approach necessitates that persons with disabilities must not face any discrimination in their pursuit of judicial services opportunities. And, there must be affirmative action on behalf of the state to provide an inclusive framework, he added.

The Supreme Court on Monday ruled that visually impaired candidates are eligible to participate in the selection for the post under the judicial services, saying that "no candidate can be denied consideration solely on account of disability".

Mahadevan said no candidate can be denied consideration solely on account of disability. He said any indirect discrimination that results in the exclusion of Persons with Disabilities, whether through cutoff or procedural barriers must be interfered with in order to uphold substantive equality.

The bench said accommodation must be provided to the disabled candidates while assessing their eligibility in terms of the Rights of Persons with Disabilities Act, 2016.

"Visually impaired candidates are eligible to participate in the selection for the post under the judicial services and Rule 6(A) of Madhya Pradesh Judicial Services, is struck down, insofar as it excludes visually impaired and low vision candidates for appointment in judicial services," Mahadevan said.

The judge said the court has treated it as the most important case. "We have touched upon the constitutional framework also and institutional disability jurisprudence," he said.

Justice Pardiwala said this is a landmark judgment penned by my brother Justice Mahadevan and “I am unable to resist from saying this in the open court”.

The detailed judgement in the matter will be uploaded later in the day. The apex court delivered the verdict in a suo motu case regarding Rule 6A of the Madhya Pradesh Services Examination (Recruitment and Conditions of Services) Rules 1994.

The apex court had reserved the judgment in December last year.

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