The Supreme Court has held as reasonable stipulating a limitation of 50% visual and audio impairment for the post of judicial officer.
A Bench of Justices Ashok Bhushan and K.M. Joseph, in a judgment on an appeal filed against a Madras High Court decision, held that such a limitation does not violate The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Court’s logic
The court reasoned that a judicial officer, in this case a civil judge (Junior Division), should have reasonable use of his sensory faculties to efficiently function in office.
The appeal was filed by a candidate who was not selected to the post of civil judge (Junior Division) under partially blind category as his disability was found to be 70%.
The case was the outcome of a Tamil Nadu Public Service Commission proposal to the State government and the High Court to notify the percentage of disability as 40%-50% for partially blind and partially deaf for selection of 162 civil judges (Junior Division).
The proposal was accepted.
