Source: Supreme Court 

Why in News? 

Recently, the bench of Justice JB Pardiwala and Justice R Mahadevan have held that 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 Supreme Court held this in the matter of In Re Recruitment of Visually Impaired in Judicial Services v. The Registrar General the High Court Of Madhya Pradesh (2025). 

What was the Background of In Re Recruitment of Visually Impaired in Judicial Services v. The Registrar General the High Court of Madhya Pradesh Case? 

• The case concerns a rule established by the Madhya Pradesh judicial services that prohibited visually impaired and low-vision candidates from seeking appointment to judicial services positions. 
• This rule effectively barred qualified candidates with visual impairments from participating in the selection process for posts within the judicial service, regardless of their qualifications or capabilities. 
• The rule was challenged on the grounds that it discriminated against persons with disabilities and violated their fundamental rights. 
• The challenge asserted that the blanket disqualification of visually impaired candidates from judicial services constituted arbitrary discrimination and denied equal opportunity in public employment. 
• The matter was brought before the Supreme Court, which was tasked with determining whether such a prohibition was constitutional and in accordance with disability rights legislation. 
• The case raised significant questions regarding reasonable accommodation, substantive equality, and the rights of persons with disabilities to participate fully in professional spheres, particularly the judiciary. 
• The challenge was mounted against the presumption that visual impairment rendered candidates inherently "not suitable" for judicial service, regardless of their qualifications, skills, or technological accommodations available. 

 What were the Court’s Observations? 

• The Supreme Court made the following observations: 
  • The Supreme Court quashed the rule of the Madhya Pradesh judicial services which disallowed visually impaired and low-vision candidates from seeking appointment to judicial services. 
  • The Court held that "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 Court, composed of Justices JB Pardiwala and R. Mahadevan, emphasized the fundamental right to reasonable accommodation through affirmative action. 
  • The Court recognized substantive equality by acknowledging that any form of indirect discrimination would also lead to exclusion. 
  • The Court referenced numerous examples of successful visually impaired legal professionals, including judges and lawyers from India and around the world, to demonstrate that "disability is no bar to excellence in the legal profession or any other field." 
  • The Court stated that these individuals stand as a testament to the fact that visual impairment does not prevent professional excellence, competing on equal footing, and making significant contributions to the justice delivery system. 

What is the Rights of Persons with Disabilities Act, 2016? 

• It was enacted on 27^th December 2016, replacing the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. 
• This Act came into force on 19^th April 2017, heralding a new era of rights and recognition for persons with disabilities (PWDs) in India. 
• This Act broadens the scope of disabilities to cover 21 conditions, including physical, intellectual, mental, and sensory impairments. 
• It mandates that educational institutions and government organizations reserve seats and positions for persons with disabilities, ensuring their access to education and employment opportunities. 
• The Act emphasizes the creation of barrier-free environments in public spaces, transportation, and information and communication technologies, enabling greater accessibility for persons with disabilities. 
• It mandates the government to formulate schemes and programs for social security, healthcare, and rehabilitation of persons with disabilities. 
• The Act mandates the formulation of guidelines and standards for public buildings to ensure universal accessibility.