In a transformative judgement, the Supreme Court of India addressed the barriers faced by persons with benchmark disabilities (PwBD) in the District judiciary recruitment process. The Supreme Court bench comprising Chief Justice, Justice J.B. Pardiwala and Justice Manoj Misra observed that inclusivity in judicial appointments is essential for enhancing the integrity and diversity of the judiciary.

The Guidelines Issued by the Supreme Court:

1. Separate Qualifying Marks for Preliminary Examination:

- High Courts and Public Service Commissions must establish distinct qualifying marks for PwBD candidates in the preliminary examination. These marks should be aligned with or lower than those for SC/ST candidates, depending on the specific needs of PwBD candidates.

- In cases where existing rules do not provide for such provisions, the competent authority must set these qualifying marks to ensure fair participation.

2. Distinct Cut-Off Post Preliminary Examination:

- A separate cut-off threshold must be applied for PwBD candidates after the preliminary exam to ensure that candidates equal to 10/15/20 times the number of posts reserved sufficient representation in the next stage.

- The cut-off should account for various categories of disabilities, including blindness and low vision, deaf and hard of hearing, locomotor disability, Others, i.e. PwBD candidates covered by Section 34 (1) (d) & 34 (1), enabling a fair chance for candidates to progress to the mains examination.

3. Separate Qualifying Marks for Mains Examination:

- The court directed the establishment of distinct qualifying marks for PwBD candidates in the mains examination. These marks should be on par with or lower than those for SC/ST candidates, based on the specific needs of PwBD applicants.

- In cases where existing rules do not provide for such provisions, the competent authority must set these qualifying marks to ensure fair participation.

4. Specific Cut-Off for Interview Eligibility:

- The court mandated a distinct cut-off for PwBD candidates at the interview stage to ensure adequate representation.

- Tailored cut-offs should be set for different categories of disabilities to address their unique needs and ensure a sufficient number of PwBD candidates qualify for the interview phase.

5. Horizontal Reservation for Final Selection:

- The Supreme Court highlighted the necessity of a horizontal reservation system in the final selection stage. PwBD candidates who meet the minimum qualifying marks in both the mains and interview should be included based on a horizontal reservation framework.

- This ensures that PwBD candidates, if eligible on merit within their respective categories (General/OBC/SC/ST/EWS), are counted towards the reserved vacancies, ensuring fair representation.

The Supreme Court directed the immediate and uniform implementation of its guidelines for PwBD recruitment across all states. High Courts must circulate the ruling to Registrars General, who will then present it to the Chief Justices and recruitment committees. Additionally, High Courts are instructed to revise their existing rules to reflect these new directives. To ensure accountability, the Supreme Court required the submission of a compliance report within a specified timeframe.

Case Details- IN RE: RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES [SMW (C) No(s). 2/2024]

Advocates for Petitioner-Mr. Nishit Agrawal, AOR Ms. Kanishka Mittal, Mr. Sankalp Suman

Advocates for Respondents- Mr. S.K. Rungta, Sr.Adv. Mr. Prashant Singh, Mr. D.K. Garg, Mr. Abhishek Garg, Mr. Dhananjay Garg