Supreme Court Invokes Article 142 Powers To Direct Appointment Of Low Vision Candidate To Rajasthan Judicial Services

A Bench of Justice B.V. Nagarathna and Justice Satish Chandra Sharma observed, “…we find that the interest of justice would be met in this case if we exercise our powers under Article 142 of the Constitution of India and direct the respondents herein to accommodate the petitioner herein in one of the posts, either in any of the vacant posts which are available in the reserved category for persons with disability or to create a supernumerary post and appoint her as a Civil Judge (Junior Division).”

Senior Advocate Shadan Farasat appeared for the Petitioner, while Advocate on Record Mukul Kumar represented the Respondents.

Brief Facts

The Petitioner, who has 40% low vision disability, completed her LL.B. degree in 2016 and registered herself with the Bar Council. Pursuant to the notification she applied for recruitment to the Rajasthan Judicial Services for the year 2024 under the category of Economically Weaker Sections (EWS) with Benchmark Disability (PwBD). Though the Petitioner had cleared the Preliminary Examination under the EWS category, she was treated as an EWS candidate and not under the disability category. After failing to qualify the Main Examination in the general EWS category, she challenged the procedure, claiming that two posts for candidates with blindness and low vision remained to be filled.

The Petitioner contended that another candidate, who had been selected under the PwBD category, was actually eligible for selection under the Scheduled Tribe (ST) vertical reservation and that, following the principle of "own merit," her selection should have freed up a vacancy under PwBD.

The Petitioner secured 119 marks in the Main Examination, while the final cut-off under the PwBD category was declared as 121.5 marks. She submitted that she had secured the minimum qualifying marks prescribed for PwBD candidates and was thus entitled to appointment.

Reasoning of the Court

The Court examined the grievance in light of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and the Office Memorandum issued by the Department of Personnel and Training (DoPT), which clarified the treatment of candidates qualifying on their own merit. The Court noted, "A candidate belonging to PwBD category, if selected without any relaxed standard, has to be treated under the unreserved category and not adjusted against the reserved vacancies."

The Court further observed, "Having regard to the purpose and object of providing reservation for PwBD candidates and having regard to the peculiar facts of this case, we find that the interest of justice would be met if we exercise our powers under Article 142 of the Constitution of India and direct the respondents herein to accommodate the petitioner in one of the posts either in any of the vacant posts which are available in the reserved category for persons with disability or to create a supernumerary post and appoint her as Civil Judge (Junior Division)."

The Bench clarified that the appointment shall be made within two weeks of the appointments of other selected candidates.

Additionally, the Court recorded that its directions were being issued in the peculiar facts and circumstances of the case and that they should not be treated as a precedent.

Cause Title: Rekha Sharma v. High Court of Judicature for Rajasthan & Anr. (Writ Petition (Civil) No. 733/2024)

Appearance:

Petitioner: Sr. Adv. Shadan Farasat; AoR Talha Abdul Rahman; Advocates Rahul Bajaj, Taha Bin Tasneem, Amar Jain, Harshit Anand, Faizan Ahmad

Respondents: AOR Mukul Kumar; Advocate Abhinandan Basu

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