Eligibility Criteria for Disability in Judicial Service Recruitment: Supreme Court’s Ruling

The case of V. Surendra Mohan vs. State of Tamil Nadu & Ors. revolves around the eligibility criteria for the post of Civil Judge (Junior Division) under the Tamil Nadu State Judicial Service. The appellant, who had 70% visual disability, challenged the decision of the Tamil Nadu Public Service Commission (TNPSC) that set a disability range of 40%-50% for eligibility, specifically for candidates with visual and hearing impairments. The appellant contended that this restriction was arbitrary and contrary to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

The case primarily dealt with the issue of whether the restriction of 40%-50% disability for partial blindness or deafness was valid under the Act, 1995, and whether the appellant, who had a 70% disability, was eligible to participate in the recruitment process for the position of Civil Judge (Junior Division).

Background of the Case

The appellant, Surendra Mohan, a practicing advocate, applied for the post of Civil Judge (Junior Division) in Tamil Nadu, which was advertised by the Tamil Nadu Public Service Commission (TNPSC). The advertisement specifically mentioned that only candidates with 40%-50% disability in visual or hearing impairment would be eligible. The appellant, with 70% visual disability, was not included in the provisional list of candidates selected for the viva-voce round. He then filed a writ petition, challenging the decision.

In his petition, the appellant argued that the Tamil Nadu government’s decision to impose a 40%-50% disability threshold was arbitrary and discriminatory. He claimed that the law did not specify such restrictions and that his 70% disability should not disqualify him from applying for the post.

Petitioner’s Arguments

The appellant argued that:

• The restriction of 40%-50% disability for eligibility is arbitrary and unjustified, as the Act, 1995 does not provide such a limitation for persons with disabilities.
• There was no expert committee that determined that individuals with more than 50% disability were incapable of performing the duties of a Civil Judge.
• The appellant, with 70% disability, had been successfully serving as an Assistant Prosecuting Officer, and hence could discharge the duties of a Civil Judge effectively.
• The High Court’s reliance on the proposed amendment of the Tamil Nadu State Judicial Service Rules was misplaced, as these amendments had not yet been finalized.

Respondent’s Arguments

The respondent, State of Tamil Nadu, countered by stating that:

• The advertisement clearly stipulated that only candidates with 40%-50% disability would be eligible, and this was in line with the government’s orders and rules.
• The appellant had failed to upload a disability certificate in accordance with the requirements and only mentioned his disability percentage as “more than 40%” in the application.
• The appellant’s disability, as certified at 70%, was beyond the threshold set for eligibility, and therefore, he was not eligible to participate in the selection process.

Supreme Court’s Observations and Ruling

The Supreme Court, after hearing both sides, made the following key observations and rulings:

1. Validity of Disability Criteria

The Court addressed the issue of the 40%-50% disability restriction and concluded that:

“The Government of Tamil Nadu, in consultation with the High Court, has prescribed the eligibility criteria for the Civil Judge post. The requirement of 40%-50% disability for partially blind and partially deaf candidates is based on the job’s physical requirements and does not violate any provisions of the Persons with Disabilities Act, 1995.”

The Court upheld the eligibility requirement as valid, citing that the disability percentage had been determined in consultation with the High Court and was based on the practical demands of the job.

2. Role of the High Court and State Government in Judicial Recruitment

The Court emphasized the constitutional role of the High Court in controlling the recruitment of judicial officers:

“The High Court, in consultation with the State Government, has a constitutional role in determining the eligibility criteria for judicial appointments. This includes setting physical requirements for candidates, which must be met to ensure effective performance of judicial duties.”

The Court found that the State Government and High Court were fully empowered to set the eligibility criteria, including the disability percentage for candidates applying for judicial posts.

3. The Nature of the Post and Physical Requirements

The Court took into account the duties of a Civil Judge and the physical requirements needed to perform those duties:

“The post of Civil Judge (Junior Division) requires the ability to read documents, write judgments, hear cases, and observe witnesses. A disability exceeding 50% in visual or hearing impairment could hinder a candidate’s ability to perform these functions effectively.”

The Court agreed with the respondent’s argument that candidates with disabilities exceeding 50% might face challenges in performing the duties associated with the position of Civil Judge.

4. The Applicability of the 1995 Act

The Court also addressed the issue of whether the restriction violated the provisions of the Persons with Disabilities Act, 1995:

“The Act, 1995, mandates reservations for persons with disabilities, but it also allows for the government to set reasonable criteria for eligibility. In this case, the requirement of 40%-50% disability is consistent with the Act and is a reasonable criterion for ensuring that candidates can fulfill the duties of a Civil Judge.”

The Court concluded that the restrictions imposed by the Tamil Nadu Government and the High Court were within the permissible scope of the law.

Conclusion

The Supreme Court ruled in favor of the respondents, dismissing the appellant’s claim. The Court upheld the decision of the Tamil Nadu Public Service Commission and the High Court, confirming that the requirement for 40%-50% disability for the post of Civil Judge (Junior Division) was valid. The Court noted that such a restriction was based on the nature of the duties involved and did not violate the provisions of the Persons with Disabilities Act, 1995.

This case reinforces the importance of ensuring that eligibility criteria for public service appointments are both practical and reasonable, taking into account the physical demands of the job and the constitutional framework governing judicial appointments.

Petitioner Name: V. Surendra Mohan.
Respondent Name: State of Tamil Nadu & Ors..
Judgment By: Justice Ashok Bhushan, Justice K.M. Joseph.
Place Of Incident: Tamil Nadu.
Judgment Date: 22-01-2019.

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