In a landmark ruling, the Supreme Court of India has directed the Rajasthan High Court to appoint a visually impaired woman, Rekha Sharma, as a civil judge (junior division) in the state. The decision, rendered by Justices B V Nagarathna and Satish Chandra Sharma, leveraged the extraordinary powers granted under Article 142 of the Constitution to either appoint Sharma directly or create a supernumerary seat for her.
Article 142 is a constitutional provision that enables the Supreme Court to pass any order necessary to do “complete justice” in any case before it. A supernumerary seat refers to an additional position created over and above the sanctioned posts, often used to ensure employment continuity or address unique situations.
Rekha Sharma, belonging to the economically weaker section of the general category, had faced obstacles despite qualifying above the minimum marks required for visually impaired candidates. Advocate Talha Abdul Rahman, representing Sharma, highlighted that out of the nine posts reserved for persons with benchmark disabilities (PwBDs), only two were filled, leaving room for Sharma’s appointment.
The case underscored discrepancies in the allocation of reserved seats for PwBDs, with allegations that seats intended for candidates with disabilities were inappropriately assigned to individuals who could have been accommodated under other reserved categories. The Supreme Court’s intervention not only addressed Sharma’s immediate situation but also set a precedent for handling similar cases, emphasizing the judiciary’s commitment to fairness and inclusivity in employment practices.
