The verdict said the amendment made in Rule 6A of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, “falls foul of the Constitution, and is hence, struck down to the extent that it does not include visually impaired persons who are educationally qualified for the post to apply”.It also said that the provision to Rule 7 relating to additional requirements violated the equality doctrine and the principle of reasonable accommodation, and struck down its application to differently-abled persons who have requisite qualifications for applying to judicial posts.”The overall analysis would demonstrate that a rights-based approach necessitates that PwD (persons with disabilities) must not face any discrimination in their pursuit of judicial service opportunities, and instead, there must be affirmative action on behalf of the state to provide an inclusive framework,” the bench said.It referred to the principle of reasonable accommodation, as enshrined in international conventions, established jurisprudence, and the RPwD Act and said accommodations be provided to them as a prerequisite to assess their eligibility.”Any indirect discrimination that results in the exclusion of PwDs, whether through rigid cut-offs or procedural barriers, must be interfered with in order to uphold substantive equality,” it said.
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