Supreme Court Upholds Equal Access to Judicial Services for Persons with Disabilities [Judgement Included]

Court: Supreme Court of India

Bench: Justice JB Pardiwala and Justice R. Mahadevan

Case Title:  Recruitment of Visually Impaired in Judicial Services, Vs. The Registrar General , The High Court of Madhya Pradesh  (Suo-Motu)

Case No.: SMW(C) No. 2/2024  (Suo Motu Writ Petition (Civil) No. 2 of 2024

Date of Judgement: 03 March 2025

Brief: 

In a landmark judgment delivered on March 3, 2025, the Supreme Court of India reaffirmed the rights of persons with disabilities (PWDs) by holding that no candidate can be denied consideration for judicial service recruitment solely due to their disability. The ruling strikes down discriminatory provisions and upholds the principles of equality and affirmative action enshrined in the Rights of Persons with Disabilities (RPwD) Act, 2016.

A Victory for Inclusive Judiciary

The judgment is a significant milestone in the journey toward an inclusive and equitable judicial system. The Supreme Court explicitly held that persons with disabilities must not face discrimination while seeking employment in the judiciary and that the state is responsible for ensuring an inclusive framework. The Court emphasized that any indirect discrimination—such as unreasonable cutoffs or procedural barriers—must be removed to uphold substantive equality.

By striking down a provision in the Madhya Pradesh Judicial Services Rules that barred visually impaired and low vision candidates from judicial service, the Court has sent a strong message against systemic exclusion. The ruling makes it clear that visually impaired candidates are fully eligible to participate in the selection process for judicial positions.

Key Highlights of the Judgment

• The Supreme Court invalidated Rule 6A of the Madhya Pradesh Services Examination (Recruitment and Conditions of Services) Rules, 1994, which disqualified visually impaired candidates.

• Rule 7, which imposed additional requirements such as a three-year practice period or a minimum of 70% aggregate marks, was also struck down to the extent that it discriminated against PWD candidates.

• The Court held that reasonable accommodations must be provided to PWD candidates during the recruitment process, in line with the RPwD Act, 2016.

• The judgment extends relief to PWD candidates in Rajasthan who were denied a separate cutoff in the Rajasthan Judicial Service preliminary exams, ensuring they will be considered in future recruitments.

Background of the Case

The case originated when the mother of a visually impaired candidate wrote to then-Chief Justice of India DY Chandrachud about the exclusion of her son from the Madhya Pradesh Judicial Service Examination. Taking cognizance of the matter, the Supreme Court converted the letter into a petition under Article 32 of the Constitution. The Court subsequently issued notices to the Madhya Pradesh High Court, the State of Madhya Pradesh, and the Union of India.

The issue gained prominence after the Civil Judge Class-II examination in 2022 failed to provide reservation slots for visually impaired candidates, contradicting the provisions of the RPwD Act. Interim measures were taken by the Court to ensure participation of visually impaired aspirants, but their selection was made subject to the final outcome of the case.

A Step Forward for Disability Rights

The judgment underscores a rights-based approach to disability inclusion in the judiciary. It affirms that disability is not a limitation but a social barrier that must be addressed through reasonable accommodations and affirmative action. The Court recognized that once recruited, judicial officers with disabilities must be provided the necessary training and support to discharge their duties effectively.

The ruling aligns with Section 34 of the RPwD Act, which mandates reservation for PWDs in government jobs, including judicial positions. Senior Advocate Gaurav Agarwal, acting as Amicus Curiae, argued that the Madhya Pradesh Rights of Persons with Disabilities Rules, 2017, already provide for a 6% reservation in state services, further reinforcing the need for compliance with disability rights legislation.

Implications for the Future 

The Supreme Court’s verdict sets a crucial precedent for other states and institutions in India. It reaffirms that arbitrary barriers preventing PWDs from equal participation in public service must be dismantled. Moreover, it highlights the judiciary’s commitment to ensuring substantive equality for persons with disabilities.

For aspiring judges with disabilities, this ruling is a ray of hope. It not only paves the way for their rightful inclusion in the legal profession but also strengthens the foundation of a truly representative and diverse judiciary.

This judgment is a reminder that the fight for disability rights is far from over, but each legal victory brings us closer to a more inclusive society.

Judgement

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Indian Supreme Court expands Access to Scribes in Examinations for All Persons with disabilities who need it, Benchmark threshold not a pre-requisite [Judgement Included]

Court: Supreme Court of India

Bench: Justice J.B. Pardiwala and Justice R. Mahadevan

Case No. : W.P.(C) No. 1018/2022

Case Title: Gulshan Kumar v. Institute of Banking Personnel Selection

Date of Judgement: 03 February  2025

Background

The Supreme Court, in a significant ruling, has reaffirmed the rights of persons with disabilities (PwD) by allowing all disabled candidates to use scribes for writing exams, regardless of whether they meet the benchmark disability criteria. The decision comes in response to a writ petition filed by a candidate diagnosed with Focal Hand Dystonia, a chronic neurological condition, who was denied the facility of a scribe in various examinations.

The petitioner had a 25% permanent disability, certified by the National Institute of Mental Health and Neuro-Sciences Centre (NIMHANS), Bangalore. Despite this, recruitment bodies refused him the accommodations typically granted to Persons with Benchmark Disabilities (PwBD). He challenged the restrictive guidelines issued by the Ministry of Social Justice and Empowerment, which failed to ensure reasonable accommodation for candidates with disabilities below the 40% benchmark.

Supreme Court's Analysis and Decision

A Division Bench of Justices J.B. Pardiwala and R. Mahadevan ruled in favor of the petitioner, citing key provisions of the Rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016). The Court emphasized that restricting scribe facilities to only those with benchmark disabilities was discriminatory and contradicted the principle of reasonable accommodation.

The ruling referenced several landmark judgments, including:

• Vikas Kumar v. UPSC (2021) – Held that denying a scribe to candidates below the benchmark disability threshold was discriminatory.

• Avni Prakash v. NTA (2021) – Reinforced the importance of reasonable accommodation in examinations.

• Arnab Roy v. Consortium of National Law Universities (2024) – Strengthened the principle of equality in educational assessments.

The Court also considered international precedents, such as Moore v. British Columbia (Education) and Mental Disability Advocacy Center (MDAC) v. Bulgaria, which advocate for inclusive policies ensuring equal access to education and employment opportunities for disabled individuals.

Key Directives from the Supreme Court

To address inconsistencies in examination accommodations, the Court issued the following directives to the Ministry of Social Justice and Empowerment:

1. Revise the Office Memorandum (OM) dated August 10, 2022 – Remove restrictions and provide reasonable relaxations to all PwD candidates.

2. Ensure uniform implementation – All examination authorities must strictly adhere to updated guidelines.

3. Periodic sensitization programs – Educational institutions must conduct awareness programs to train examination officials on implementing disability accommodations.

4. Establish a grievance redressal portal – A centralized platform should be created to handle accessibility-related complaints before legal escalation.

5. Review and re-notify guidelines – Authorities must standardize scribe provisions across different examination bodies.

6. Extend validity of scribe certification – Increase validity beyond the current six-month period to reduce administrative delays.

7. Incentivize scribes – Provide training and financial incentives to ensure an adequate supply of scribes.

8. Enhance candidate familiarity with scribes – Allow pre-exam interactions to ensure effective communication during tests.

9. Offer multiple accessibility modes – Enable candidates to choose between scribes, braille, large print, or audio recording of answers.

10. Penalize non-compliance – Take strict action against examination bodies that fail to implement the prescribed guidelines.

Conclusion

The Supreme Court's decision marks a significant victory for disability rights in India. By extending scribe accommodations to all disabled candidates, the ruling ensures greater inclusivity and fairer opportunities in competitive examinations. This judgment reinforces the core principles of the RPwD Act, 2016, and underscores the importance of implementing reasonable accommodation as a legal and ethical obligation.

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Madras High Court Upholds Rights of Policeman Acquiring Disability, Orders Reinstatement

Court: Madras High Court, Madurai Bench

Bench: Justice R.VIJAYAKUMAR

Case No. W.P.(MD)No. 26560 of 2024

Case title: Ganesan   Vs. The Commandant, Tamil Nadu Special Police Force

Date of Judgement: 07 January 2025

Brief Summary

In a landmark judgment reinforcing disability rights in India, the Madras High Court has ordered the reinstatement of a visually impaired policeman who acquired his disability during service. Justice R. Vijayakumar, presiding over the Single-Judge Bench, ruled that the Tamil Nadu Special Police Force Nayak, discharged from service on medical grounds, must be reinstated with alternative employment and pay protection, as mandated by Section 20(4) of the Rights of Persons with Disabilities (RPwD) Act, 2016.

Case Background

The petitioner, initially appointed as a Police Constable in 2010, sustained severe injuries to his head and eyes during election duty. Following the accident, his vision deteriorated, prompting his reassignment to light duty, which he performed for a decade. Despite his promotion to Nayak, a Medical Board later declared him completely unfit for service, leading to his discharge and eviction from government quarters.

Court’s Observations

The Bench noted that Section 20(4) of the RPwD Act prohibits the termination of employees who acquire disabilities during service and mandates their reassignment to suitable roles. The Police Department failed to provide evidence of exemption from this provision. The Court emphasized that the law applies to uniformed services, and the petitioner must be offered alternative employment with pay protection.

Judgment

The Court quashed the discharge order and directed the Police Department to reinstate the petitioner with continuity of service, pay protection, and an alternative light-duty role.

This judgment underscores the commitment of Indian courts to uphold the rights of persons with disabilities, ensuring dignity, equal opportunity, and protection under the law.

Read or Download judgement: Ganesan v. The Commandant (W.P.(MD) No. 26560 of 2024)