Rule barring visually impaired aspirants and extra eligibility conditions for PwD candidates struck down; State told to notify amendments within two weeks
The Supreme Court has directed the State of Madhya Pradesh to urgently amend and notify changes to the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, after earlier striking down provisions that excluded visually impaired and low vision candidates from judicial service recruitment.
A Bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran, hearing Miscellaneous Application No. 1143 of 2025 in SMW(C) No. 2 of 2024, passed the order on September 8, 2026, while monitoring compliance with its earlier judgment dated March 3, 2025.
In that judgment, the Court had held that Rule 6A of the 1994 Rules, which barred visually impaired and low vision candidates from appointment to judicial service, was discriminatory and violative of Article 14 of the Constitution. The Bench declared that visually impaired candidates are eligible to participate in the selection process for judicial service posts.
The Court had also struck down Rule 7 of the 1994 Rules to the extent it imposed additional conditions on persons with disabilities (PwD), namely either a three-year practice requirement or a minimum aggregate score of 70% in the first attempt. The Bench clarified that while educational and other qualification requirements may continue to apply, PwD candidates cannot be subjected to the “first attempt” condition or the three-year practice requirement. It further said that relaxation in minimum marks may be granted on lines similar to those available to SC/ST candidates.
The earlier judgment also set aside the Madhya Pradesh High Court’s order dated April 1, 2024, and the consequential notification dated November 17, 2023, insofar as they affected PwD candidates, including appellant Ayush Yardi and similarly placed persons. Such candidates were held entitled to be considered for participation in the selection process in light of the Supreme Court ruling.
In relation to another candidate, Alok Singh, and similarly placed persons, the Court had set aside the High Court’s order dated January 11, 2024, and notification dated February 18, 2023, directing that those who had already participated in the process be considered for appointment against vacant posts if otherwise eligible, after applying applicable relaxations.
The Supreme Court had additionally issued directions concerning Rajasthan Judicial Service recruitment. It held that writ petitioners who complained that a separate cut-off for PwD candidates had not been applied in the preliminary examination would be entitled to consideration in the next recruitment cycle, with a separate cut-off and merit list for PwD candidates.
In the latest order, the Bench noted that the Madhya Pradesh High Court had already undertaken the necessary exercise on its administrative side and forwarded proposals for amendment of Rules 5 and 6A to the State Government. However, the High Court had not received any response from the State so far.
The Supreme Court then made it clear that it is for the State Government to amend the rules as recommended by the High Court and publish them in the Official Gazette. Appearing for the State of Madhya Pradesh, counsel Surjeet Singh informed the Court, on instructions, that the amendments would be carried out and notified within two weeks.
Recording the statement, the Bench warned that any further delay by the State would be viewed “very strictly.” The matter has now been directed to be listed again after three weeks for reporting compliance.
The order is significant for disability rights and equal access to public employment, especially in the judicial services. It reinforces the principle that exclusionary recruitment rules cannot stand if they discriminate against persons with disabilities without lawful justification. The ruling also signals the Court’s intent to ensure that its directions are implemented promptly and not delayed at the executive level.
Statutory Provision(s): Article 14 of the Constitution of India, Rule 6A of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, Rule 7 of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, Rule 5 of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, Rights of Persons with Disabilities Act, 2016
