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D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Siddharth Sharma – Appellant
Versus
High Court of Judicature At Rajasthan – Respondent
ORDER
1 The petitioner is a blind candidate. The Rajasthan High Court in advertisement No 783 of 2024 dated 9 April 2024, announced the commencement of the recruitment process for direct recruitment to the cadre of Civil Judge 2024. Nine vacancies were reserved for Persons with Benchmark Disabilities, of which two are for the persons pertaining to blind and low vision category. The advertisement also stated that the number of candidates to be admitted to the interview shall be, as far as practicable, three times the total number of vacancies category-wise. The advertisement which was issued on 9 April 2024, contains clause 23 pertaining to the scheme and syllabus of the examination which is reproduced below:
(i) The competitive examination for the recruitment to the post of Civil Judge shall be conducted in two stages i.e. Preliminary Examination and Main Examination. The marks obtained in the Preliminary Examination by the candidate who are declared qualified for admission to the Main Examination will not be counted for determining final merit.
(ii) The number of candidate to be admitted to the Main Examination will be fifteen times the total nu
Horizontal reservations for persons with disabilities allow candidates to be assessed based on their qualifications, irrespective of vertical category cut-offs.
Appointment on posts of Civil Judge and Judicial Magistrate under Civil Judge Cadre – Candidates who consciously took part in process of selection cannot be permitted to question advertisement or met....
The court directed the accommodation of a candidate with disability in recruitment despite not meeting the cut-off due to higher marks of others, emphasizing the need for fair consideration in light ....
Reservations for physically handicapped candidates are horizontal reservations and do not mandate the preparation of a separate category with declared cut off marks.
The court ruled that visually impaired candidates are eligible for judicial service, striking down discriminatory rules and emphasizing the need for reasonable accommodation and separate cut-off mark....
The marks obtained at various stages of the selection process are not reflective of the final merit of a candidate, but considered for further participation in the next round.
The court mandated that the competent authority must objectively consider the petitioner's candidature based on eligibility criteria, ensuring transparency in the selection process.
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