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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Rekha Sharma – Appellant
Versus
High Court of Judicature for Rajasthan – Respondent
ORDER :
1. The Petitioner obtained her law degree on 11.06.2016. She was issued a disability certificate by the Department of Medical Health, Government of Rajasthan, certifying 49% low-vision disability.
2. An advertisement was issued on 22.07.2021 for the recruitment of Civil Judges. A total of 89 posts were advertised for the year 2020, including 4 posts reserved for Persons with Benchmark Disability (PwBDs). Additionally, 31 posts were advertised for 2021, with 1 post reserved for PwBDs.
3. Pursuant to the advertisement, the Petitioner applied under the category of Economically Weaker Sections (EWS) with Benchmark Disability and appeared for the Preliminary Examination held on 28.11.2021. The results, declared on 11.01.2022, did not specify the cut-off marks for PwBD candidates, although cut-off marks for other categories were published.
4. Being aggrieved, the Petitioner filed D.B. Civil Writ Petition No. 1868/2022 before the High Court, which was dismissed on 06.04.2022. Being aggrieved by the order dated 06.04.2022, the petitioner filed a Special Leave Petition before this Court (later numbered as Civil Appeal No. 5051 of 2023) challenging the non-declaration of separate cut-off
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.
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 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 court mandated that the competent authority must objectively consider the petitioner's candidature based on eligibility criteria, ensuring transparency in the selection process.
The petitioner, having participated in the selection process without protest, cannot challenge the same upon being declared unsuccessful. The reservation for PwD is a horizontal reservation, and cand....
The denial of appointment to a meritorious candidate with less than 40% disability is arbitrary and discriminatory, violating constitutional rights to equality and non-discrimination in public employ....
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.
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