In a landmark decision, the Supreme Court on Tuesday directed the Rajasthan High Court to appoint Rekha Sharma, a woman with low vision from the general category, as a civil judge (junior division).
The directive came from a bench comprising Justices B V Nagarathna and Satish Chandra Sharma, who invoked Article 142 of the Constitution to ensure “complete justice.”
“Having regard to the object and intention of Article 142 of the Constitution, we direct that the petitioner be appointed as a civil judge (junior division),” said Justice Nagarathna.
Appointment Or Supernumerary Seat
The top court instructed the Rajasthan High Court to either accommodate Sharma against an existing post or create a supernumerary seat for her appointment. A supernumerary seat refers to an additional post created beyond the sanctioned strength, often to remedy exceptional cases or allow future employment.
The court emphasized that Sharma, who also falls under the economically weaker section (EWS) in the general category, had secured 119 marks, exceeding the qualifying threshold for candidates with blindness and low vision.
Vacant Disability Quotas Raised In Court
Advocate Talha Abdul Rahman, appearing on Sharma’s behalf, pointed out that the Rajasthan judiciary had reserved 9 posts for Persons with Benchmark Disabilities (PwBDs), with two specifically allocated for individuals with blindness or low vision.
Despite being eligible, Sharma was not appointed. Her counsel noted that only two candidates from the PwBD category were ultimately selected, suggesting that the remaining vacancies could have been used to accommodate Sharma.
He also argued that one of the seats intended for disabled candidates was wrongly awarded to a Scheduled Tribe (ST) candidate, who could have been adjusted under the ST category instead, thereby preserving the seat for a disabled applicant.
By exercising powers under Article 142, the Supreme Court underscored its role in delivering justice where technicalities may have led to unfair outcomes.
The bench concluded that Sharma should either be appointed against the unfilled PwBD vacancies or through the creation of an additional seat, carried forward to a subsequent recruitment cycle if necessary.
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