In a significant decision, the Supreme Court, led by Chief Justice of India (CJI) D.Y. Chandrachud, has permitted visually impaired candidates who have achieved the minimum qualifying marks to partake in the main examination for Civil Judge Class-II in Madhya Pradesh.

The Bench also comprising of Justice JB Pardiwala and Justice Manoj Misra, allowed visually-impaired candidates to submit their roll numbers from the preliminary examination along with their marks and certificates via email by 10 pm on Saturday, March 23. Additionally, candidates requiring specific accommodations in terms of lighting during the main examination have been directed to indicate their needs to the High Court.

Upon receipt of the emails, the High Court is directed to verify the details and issue admit cards electronically by March 25, 2024. Notably, candidates receiving admit cards will be exempted from physically filling out a form for the main examination.

However, the Court specified that participation in the main examination, scheduled for March 30 and 31, is contingent upon the outcome of ongoing proceedings and does not prejudice the rights and contentions of the parties involved. "The participation of the candidates in the main examination, which is scheduled to be held on 30 and 31, 2024, will be subject to the outcome of the present proceedings and without prejudice to the rights and contentions of the parties," the Court directed.

The Court emphasized the need for the Registrar General of the High Court to publicize this decision on the court's website and in newspapers. It said, "The Registrar General of the High Court shall ensure that due publicity is given to this order on the website of the High Court and in the newspapers."

Acknowledging the lack of specific information regarding visually-impaired candidates in the preliminary examination, the High Court is directed to send WhatsApp messages to all eligible candidates. Furthermore, the Court directed that arrangements must be made to provide a scribe for each visually impaired candidate during the main examination, with additional time allotted at a rate of 20 minutes per hour.

"Arrangements made for the visually impaired candidates shall be such so as to ensure that they are allowed separate space to obviate inconvenience to other candidates who are taking the same examination," the Bench directed.

The Bench has requested Additional Solicitor General (ASG) Aishwarya Bhati to assist the Court on behalf of the Union of India and the Department of Empowerment of Persons with Disabilities of the Government of India.

Accordingly, the matter is scheduled for further hearing on April 15.

The decision stems from a letter addressed to the CJI by the mother of a visually-impaired candidate aspiring for a Judicial Service appointment in Madhya Pradesh. The Supreme Court elevated the matter to a Public Interest Litigation (PIL) to scrutinize Madhya Pradesh's Judicial Services Rules, which bar visually-impaired candidates from Judicial officer appointments in the state. Pertinently, on March 7, the Court had issued notice in the suo moto PIL.

Appearence:

Petitioner: Senior Advocate Gaurav Agarwal (Amicus Curiae), Ravi Raghunath (AOR), Advocate Manan Daga

Respondent: Arjun Garg (AOR), Advocates Aakash Nandolia, Sagun Srivastava, Kriti Gupta, Sunny Chaudhry

Cause Title: In Re: Recruitment of Visually Impaired in Judicial Services [Suo Moto Writ Petition No. 2/2024]

Click here to read/download the Order