Reserve Posts For Visually Impaired In Civil Judges' Posts : Plea In Karnataka High Court

Senior Advocate Jayna Kothar,i appearing for the petitioner, submitted that as per the requirements of Section 34 of the Rights of Persons With Disability (RPD) Act, 4% of posts must be reserved for persons with disabilities has not been complied with.

Further, she contended that posts of Civil Judges in the Subordinate Judiciary have been identified as being suitable for persons with blindness and low vision by the Central government. Referring to the judgment of the Supreme Court in the case of Vikash Kumar v. UPSC & Others,  in which the court held as not a binding precedent the judgement rendered in V Surendra Mohan v. State of Tamil Nadu against recruitment of persons with more than 50% visual disability in judiciary, it was prayed by her for extending the date for receiving applications from low vision and blind candidates.

To which the bench said "It cannot be done, the time has lapsed now." It added "For the last five years, in no process all posts could be filled in, posts have remained vacant."

The court referring to the order passed by the Apex court in the case of Malik Mazhar Sultan & Anr, said "We cannot extend the date, it will be contrary to the orders of the supreme court we cannot do that. All recruitment processes are being monitored by the Supreme Court."

The petition also states that both in India and abroad, the judiciary has appointed judges having complete or partial visual impairment and the same has not hindered the delivery of justice in any manner. There are several real examples of judges at all levels of the judiciary in the UK, US, South Africa, Pakistan and India, who are completely blind as well. Being completely blind, or with low vision, they have been fully able to carry out their judicial duties.

It is prayed for issuing a direction/order setting aside the notification issued by Respondent No.1, to the extent that it does not identify and reserve the posts of Civil Judge for persons with blindness and low vision. Further, directing the respondents to issue a Corrigendum to the Notification issued by Respondent No.1, and provide reservation in the post of Civil Judge for persons with blindness and low vision and extend the last date to enable them to submit applications. Also to provide for 4% reservation in the current vacancies of 74 posts in the present recruitment of Civil Judges.