Supreme Court Passes Interim Order Allowing Visually Impaired Candidates To Appear In MP State Judiciary Exams

The Supreme Court on Thursday (March 21) issued interim directions for the efficient facilitation of judicial aspirants with visual impairments in the Madhya Pradesh Judicial Services Exam. The Court's interim direction comes after its suo-moto cognizance on March 7 of a letter sent to CJI DY Chandrachud by the mother of one of the visually impaired candidates against the exclusion of visually impaired candidates from judicial service.

The bench comprising the CJI and Justices JB Pardiwala and Manoj Misra noted that the Civil Judge Class-II examination conducted in 2022 did not include reservation slots for visually impaired participants, a move that significantly contradicts the principles laid out in the 2016 Rights of Persons with Disabilities Act.  

The preliminary examinations have been conducted by the High Court on 14 January 2024. Twenty-one thousand candidates participated in the preliminary examination. The forms for the final examination are to be filled up by 23 March 2024. The main examination is scheduled to be held on 30 and 31 March 2024.

In light of the same, the bench has directed a slew of interim measures. Candidates with visual impairments who have obtained the necessary qualifying scores in their respective categories during the initial tests are encouraged to send an email to the High Court by 10 PM on March 23, 2024. They should include their roll number from the preliminary exam, scores, and evidence of visual disability in the email. This data is crucial for the generation of admit cards for the main exam, which will allow these candidates to take part without the need to submit forms in person by March 25. 

Moreover, the Court has ordered that accommodations should be made for these examinees, which includes arranging for writers and extending the time allotted for test completion, to ensure equity. The order's dissemination via the High Court's website and newspapers, together with the direct messaging of qualified candidates through WhatsApp, was deemed crucial by the bench to reach and support every eligible individual. 

The Court further clarified that the participation of the concerned candidates in the main examination scheduled for 30-31 March is subject to the final outcome of the present proceedings before the Court, " without prejudice to the rights and contentions of the parties;" 

The bench appointed Senior Advocate Mr Gaurav Agarwal, to assist the Court as Amicus Curiae along with Mr Ravi Raghunath. Mr Arjun Garg and Mr Sunny Chaudhary appeared on behalf of High Court of MP and the State of MP respectively. 

Additional Solicitor General (ASG)  Ms Aishwarya Bhati was asked to assist the Court on behalf of the Union of India and the Department of Empowerment of Persons with Disabilities of the Government of India.  The matter will now be heard on April 15. 

As per the order, the following directions have been given in the interim : 

(i) Such visually impaired candidates who have received the minimum qualifying marks in their respective categories at the preliminary examination are permitted to send an email at regexamhcjbp@mp.gov.in with their roll number in the preliminary examination together with their marks and their certificates of fulfilling the benchmark disability by 10 pm on 23 March 2024; 

(ii) While forwarding an email on the above email ID, if any candidate requires any specific accommodation in terms of lights and lamps at the main examination, this shall be indicated to the High Court so as to enable it to do so.

(iiii) On receiving the above email, the High Court shall verify all details and issue admit cards online through email by 25 March 2024;
(iv) On receiving the admit card, the above candidates will be permitted to sit for the main examination without insisting on physically filling in a form for the main examination;

(v) The participation of the candidates in the main examination which is scheduled to be held on 30 and 31 March 2024, will be subject to the outcome of the present proceedings and without prejudice to the rights and contentions of the parties;

(vi) The Registrar General of the High Court shall ensure that due publicity is given to this order on the website of the High Court and in the newspapers;

(vii) Since the High Court has stated that in view of the absence of reservation, it does not have specific information in respect of the number of candidates at the preliminary examination who suffer from benchmark disability of visual impairment, the Registrar General shall ensure that whatsapp messages are sent to all the candidates who have cleared the preliminary examination within their respective categories so that those among them who fulfill the benchmark disability requirement for visually impaired candidates are able to obtain the benefit of the present order; 

(viii) The High Court shall make arrangements to permit a scribe for each visually impaired candidate who will appear for the main examination. Such candidates shall also be given additional time to complete the examination at the rate of 20 minutes per hour of the examination; and

(ix) Arrangements made for the visually impaired candidates shall be such so as to ensure that they are allowed separate space to obviate inconvenience to other candidates who are taking the same examination.   

On March 7, the Court took suo motu cognizance of a rule in the State of Madhya Pradesh, which completely excludes visually impaired and no-vision candidates from seeking appointment to judicial services.

Click here to read the order