Separate Cut-Off Mandatory For Persons With Disabilities Category In Judicial Service Selections : Supreme Court

In its landmark judgment concerning appointment of visually impaired persons in judicial services, the Supreme Court directed the Rajasthan Judicial Service Examinations authorities to declare separate cut-off marks and publish separate merit list for Persons with Disabilities (PwD) category at every stage of the examination and proceed with the selection process accordingly. 

A bench of Justices JB Pardiwala and R. Mahadevan observed : "we are of the opinion that maintaining and operating a separate cut-off list is mandatory for each category, which axiomatically includes PwD category as well."

The issue had arisen in the context of non-publication of separate cutoff marks for PwD candidates in the Rajasthan Judicial Service Examinations, despite clear cut-offs being specified and published for other horizontal reservation categories, such as women, divorced candidates, and widows.

Perusing the Rajasthan Judicial Service Rules, 2010, the Court noted that under Rule 10, the rule making body delineated Persons with Benchmark Disabilities (PwBD) as a separate category by providing them reservation separately, and Rule 41 mandated that the High Court prepare a merit list of candidates' category wise by determining cut-off marks.

Taking note, the Court held that non-declaration of cut-off marks affects transparency and creates ambiguity, and candidates being not informed about the basis of their results. Such candidates are left uninformed about the last mark scored by the qualifying candidate belonging to the particular category, to be able to get through to the next stage of selection process, the Court observed.

"In effect, it compels PwD candidates to compete with other category candidates on unequal terms. Further, when the Rules referred to above, considered the PwD as a separate category and provided them with reservations, it is indispensable on the part of the authorities concerned to declare separate cut-off marks for PwD category at each stage to ensure that those similarly placed candidates are adequately represented in the service fulfilling the very purpose of reservation."

The Court was further of the view that non-disclosure of cut-off marks might lead to a situation where PwD candidates may not be adequately represented in judicial services, which would be against provisions of the RPwD Act, 2016.

In the above context, it was reiterated that for the purpose of rights of persons with disabilities, particularly in employment, there can be no distinction between PwD and PwBD. "It is made abundantly clear that any such technical distinction sought to be made by the authorities cannot be sustained in law", the Court said.

Also from the judgment - 'None Should Be Excluded From Judicial Service Only Because Of Disability' : Supreme Court Quashes MP Rule Barring Blind Candidates

'Disability No Bar To Excellence In Legal Profession' : Supreme Court Mentions Examples Of Legal Luminaries With Disabilities

Case Title: IN RE RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES v THE REGISTRAR GENERAL THE HIGH COURT OF MADHYA PRADESH.,SMW(C) No. 2/2024

Citation : 2025 LiveLaw (SC) 274

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