The Supreme Court on Friday issued notices to the Uttarakhand government, its public service commission, and the Registrar General of the Uttarakhand High Court on a petition challenging the exclusion of persons with blindness and locomotor disabilities from eligibility for the state’s judicial services examination.
A bench comprising Justices J.B. Pardiwala and R. Mahadevan was hearing a plea filed by Sravya Sindhuri, a visually impaired candidate, who alleged that the recruitment advertisement dated May 16 unlawfully excluded individuals with blindness and locomotor disabilities from applying for the judicial exam scheduled to commence on August 31.
During the proceedings, Justice Pardiwala strongly criticised the exclusionary policy, remarking, “That is very bad, very bad on the part of the government.”
The court noted that despite earlier notices, no representative had appeared from the state or the commission, prompting the bench to issue fresh notices given the urgency of the matter.
The petitioner’s counsel contended that the advertisement violated constitutional rights and statutory provisions under the Rights of Persons with Disabilities (RPwD) Act, 2016. It further alleged that the recruitment notification restricted eligibility to only four sub-categories of persons with benchmark disabilities — leprosy cured, acid attack victims, muscular dystrophy, and dwarfism — thereby excluding other categories, including those with blindness and locomotor disabilities.
The plea also challenged the imposition of a domicile requirement, which effectively disqualifies non-resident PwBD candidates, contravening the inclusive mandate of Section 34 of the RPwD Act. This section requires a minimum of 4% reservation for persons with benchmark disabilities in public employment, with 1% earmarked for both blindness/low vision and locomotor disability.
The Supreme Court, in a landmark ruling on March 3, had previously struck down similar discriminatory provisions in the Madhya Pradesh Judicial Service Rules, asserting that blind candidates cannot be denied opportunities in judicial services. The judgement emphasised that the right against disability-based discrimination under the RPwD Act must be upheld as a fundamental right.
In light of this precedent, the petitioner urged the apex court to quash the Uttarakhand recruitment notification to the extent it restricts eligibility and violates the rights of a significant section of persons with disabilities.
