In Re: Recruitment Of Visually Impaired In Judicial Services 2025 INSC 300 - Judicial Service - Visually Impaired Candidates Eligible

Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 - Rule 6A - Visually impaired candidates are eligible to participate in selection for the posts under the judicial service and hence, Rule 6A of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 is struck down insofar as it excludes visually impaired and low vision candidates for appointment in judicial service. Rule 7 to the extent of prescribing additional requirement of either a three-year practice period or securing an aggregate score of 70% in the first attempt, is struck down insofar as it applies to PwD candidates. The said rule will be applicable to the PwD candidates insofar as it prescribes the educational and other qualifications as eligibility criteria including the minimum aggregate score of 70% (with relaxation as may be determined like in the case of SC/ST candidates), but without the requirement of either that it should be in the first attempt or that they should have three years’ practice. (Para 68)

Constitution of India - Article 15 ; Rights of Persons with Disabilities Act, 2016 - RPwD Act, 2016 has acquired the status equal to that of a ‘super-statute’ and hence, contains the ingredients of a quasi-constitutional law - It is high time that an anti- discrimination clause be included in the Constitution with a specific provision that the State shall not discriminate on the grounds of mental or physical disability in line with the principles as stated in the RPwD Act, 2016. (Para 35) The right against disability-based discrimination, as recognized in the RPwD Act 2016, of the same stature as a fundamental right, thereby ensuring that no candidate is denied consideration solely on account of their disability -The principle of reasonable accommodation, as enshrined in international conventions, established jurisprudence, and the RPwD Act, 2016, mandate that accommodations be provided to PwDs as a prerequisite to assessing their eligibility - any indirect discrimination that results in the exclusion of PwDs, whether through rigid cut-offs or procedural barriers, must be interfered with in order to uphold substantive equality. The commitment to ensuring equal opportunity necessitates a structured and inclusive approach, where merit is evaluated with due regard to the reasonable accommodations required, thereby fostering judicial appointments that truly reflects the principles of fairness and justice. (Para 67)

Public Appointments - Recruitment - Relaxation in minimum cut- off marks is permissible, especially when there is a specific power of relaxation available to the appointing authority. (Para 62)

Legislation - Super Statute - The term ‘super statute’ was first applied in 2001 by William N. Eskridge and John A. Ferejohn to characterise an ordinary statute that not only reveals intention but also establishes a new normative or institutional framework in the public culture and has a broad effect on the law. As a result, such statutes have a quasi-constitutional significance that exceed its former status as a statute. In the words of the authors, “these super-statutes penetrate the public normative and institutional and institutional culture. (Para 36)