MP Judicial Service: Supreme Court allows disabled candidates with 45 per cent marks to appear for interview

The Supreme Court on Tuesday allowed 31 candidates with various kinds of disabilities, to appear for the interview of the Madhya Pradesh Judicial Services Examination if they have secured minimum 45 per cent marks in the Mains Examination [In Re Recruitment of Visually Impaired in Judicial Services].A vacation bench of Justices PS Narasimha and Sanjay Karol granted the interim relief to the candidates in a suo motu matter regarding the Madhya Pradesh Judicial Services (Recruitment and Service Conditions) Rules which exclude visually impaired and low vision candidates from appointment in the State judicial service.The Court was told that the 31 candidates - with various disabilities and not just limited to visual impairment - appeared for the mains examination but have not been called for the interview either due to the lack of eligibility or because of not having secured the minimum marks..The Court observed that the candidates have to fulfil the requirement of minimum marks, and also ordered that if any of the 31 candidates have secured 45 percent marks - the minimum marks for the reserved category candidates - they be allowed to sit in the interview."In order to take in for interview, they have to fulfill the criteria or minimum marks. We say that if either of the 31 candidates have secured minimum marks like the reserved candidates (referring to SC/ST which is 45% marks), they are allowed to appear for the interview subject to the outcome of this petition," the Court ordered..The top court had earlier taken suo moto cognizance of a letter which was addressed to the Chief Justice of India by the mother of a visually impaired candidate, who aspired to be a judicial officer in Madhya Pradesh.On March 21, the Court had allowed visually impaired candidates to appear for the Mains Examination scheduled on March 31..During the hearing today, Senior Advocate Gaurav Agrawal, the amicus curiae, informed the Court that none of 31 candidates have secured the minimum qualifying marks to be eligible to appear for the interview.However, Agrawal also highlighted that there was no separate cut-off marks for such candidates with disability, like the other reserved categories which have lower cut-off marks for qualifying the interview stage."There has to be something, otherwise it would be a discrimination. It would be unreasonable then," the amicus argued.Following this, the Court asked the counsel representing High Court about any relaxation for such candidates. "In these cases, is there a requirement for separate reservation for such disabled candidates including visually-impaired? There is a quota for woman candidates with regard to relaxation of marks. Can't there be for them (candidates with disability)?," Justice Narasimha asked.Advocate Arjun Garg, representing the High Court, said that the candidates besides not having the minimum cut-off marks may also not be fulfilling other rules. Candidates are also required to meet the criterion of having 70% marks in law graduation or 3 years of practice, Garg said and explained that when the rule regarding the same was challenged, many candidates were allowed to appear for the examination on interim basis.He added that since the rule prescribing the eligibility of at least three years practice or 70 per cent marks in law graduation has now been upheld by the courts including the top court, it would be applied to all candidates..Considering the submissions, the Court noted that the question regarding the reservation for such visually impaired candidates would be required to be heard extensively for the purpose of laying down the law.In the interim, it said that candidates with minimum 45 percent marks in the mains examination can sit in the interview. The Court, however, also clarified that its directions are subject to the final outcome of the present case."We are taking March 21 order of ours' to a logical end. If now we don't do anything then that order would be baseless. We had said that we allow them to appear for mains examination and now we don't do anything then everything would be of no value. We are trying to be logical. We are just in interim manner allowing them to come for interview. Don't worry. It is all interim. We are thinking what to do. We will hear you," Justice Narasimha told the counsel representing High Court..[Read Live Coverage]