SUPREME COURT TO HEAR PETITION AGAINST EXCLUSION OF VISUALLY IMPAIRED CANDIDATES FROM PWD QUOTA IN UTTARAKHAND JUDICIAL EXAM:

On June 9, the Supreme Court heard a petition challenging the exclusion of persons with blindness, locomotor disabilities, and those who are not domiciled in Uttarakhand from eligibility under the Persons with Benchmark Disabilities (PwBD) quota in the Uttarakhand Judicial Services Examination. The matter was brought before a bench comprising Justice SVN Bhatti and Justice PB Varale, who were examining the constitutional validity of the Advertisement dated 16.05.2025, issued for recruitment to the Uttarakhand Judicial Service Civil Judge (Junior Division).

The petitioner, who has 100% visual impairment, is contesting the exclusion of blind and visually impaired individuals, as well as persons with locomotor disabilities, from consideration in the judicial recruitment process.

At the outset, the bench appeared reluctant to take up the plea and advised the petitioner to approach the High Court instead. "In all these matters, we insist upon moving the High Court first. ...100/100 we are convinced, you must go to the High Court first." In response, the petitioner’s counsel, Amar Jain, underscored that a similar issue is currently under consideration by the Supreme Court, thereby justifying why the present matter should also be heard. He further cited the decision in Suo Motu In Re: Recruitment of Visually Impaired in Judicial Services, where the Court had invalidated a rule in the Madhya Pradesh Judicial Services Rules that prohibited visually impaired and low vision candidates from entering the judicial service.

Importantly, in that Suo Motu case, the Court has now directed all States to file compliance with the issued directions. Taking this into account, the bench ordered that the present matter be placed before the Chief Justice of India (CJI). Only after receiving instructions from the CJI would it be decided whether the present petition should be tagged along with the ongoing Suo Motu case.

"Mr so and so at the outset invites our attention to page 90 and states that in Suo Motu matters where this court is considering a similar or larger issue that is pending, and if the present WP is tagged, the petitioner will have the opportunity to assist the court. We appreciate the view that the WP can be tagged, subject to the order of the CJI," the bench observed in order.

The petition challenges the Advertisement dated 16.05.2025 issued for recruitment to the Uttarakhand Judicial Service Civil Judge (Junior Division), alleging that it unlawfully limits eligibility under the Persons with Benchmark Disabilities (PwBD) quota to only four subcategories—Leprosy Cured, Acid Attack Victims, and Muscular Dystrophy, excluding persons with blindness and locomotor disabilities. The plea contends that this selective reservation violates Section 34 of the Rights of Persons with Disabilities Act, 2016, which mandates equal representation across all benchmark disability categories, including blindness and low vision. The petitioner, who has 100% visual impairment, also claims that the Uttarakhand Public Service Commission failed to consider a request for a scribe, thereby denying reasonable accommodation.

The petition further argues that the exclusion of non-domiciled candidates from the PwBD quota contravenes Articles 14, 19(1)(g), and 21 of the Constitution, and is contrary to the Supreme Court's ruling in Re: Recruitment of Visually Impaired in Judicial Services v. Registrar General, High Court of Madhya Pradesh, where similar restrictions were struck down. The petitioner seeks a series of reliefs, including quashing the advertisement’s restrictive clauses, directing the authorities to revise the eligibility criteria, comply with the Supreme Court's earlier judgment, and conduct a fresh identification of suitable posts for reservation under the RPwD Act. The petition has been filed with the assistance of Advocate-on-Record Vikram Hegde.