Case Note & Summary
The Supreme Court dismissed two civil appeals filed by Rekha Sharma and Ratan Lal against the Rajasthan High Court's rejection of their writ petitions. The appellants, who had benchmark disabilities (40% visual impairment and 55% locomotor disability respectively), applied for the post of Civil Judge and Judicial Magistrate pursuant to an advertisement dated 22.07.2021 for 120 vacancies. The selection process comprised a Preliminary Examination, Main Examination, and Interview. The result of the Preliminary Examination declared on 11.01.2022 showed cut-off marks for various categories (General, SC, ST, OBC-NCL, MBC-NCL, EWS, and sub-categories like widow/divorcee) but did not show separate cut-off marks for Persons with benchmark disabilities. The appellants failed to qualify for the Main Examination as their marks (57 and 59) were below the cut-off of their respective vertical categories (EWS: 69, OBC-NCL: 67). They challenged the result, alleging discrimination and violation of Articles 14, 16, and 21 of the Constitution, as well as the Rajasthan Judicial Service Rules, 2010 and the Rajasthan Rights of Persons with Disabilities Rules, 2018. The High Court dismissed their writ petitions. The Supreme Court noted that the reservation for Persons with benchmark disabilities was an overall horizontal reservation, not compartmentalised. In overall horizontal reservation, candidates with disabilities are not entitled to a separate cut-off; they must secure the minimum qualifying marks of the vertical category (e.g., General, OBC) in which they applied. The advertisement clearly stated that reservation for the handicapped was horizontal against total vacancies, and the candidates would be adjusted in the same category for which they applied. The Court held that there was no requirement to fix separate cut-off marks for disabled candidates. Additionally, the appellants had participated in the selection process without challenging the advertisement at the outset, and the process had already been completed with appointments made. Consequently, the appeals were dismissed.
Headnote
A) Service Law - Recruitment - Horizontal Reservation - Overall Horizontal Reservation - Rajasthan Judicial Service Rules, 2010 - The court examined whether separate cut-off marks must be fixed for Persons with benchmark disabilities when the reservation is overall horizontal. Held that in overall horizontal reservation, candidates with disabilities must qualify based on the cut-off marks of the vertical category in which they applied; no separate cut-off is required (Paras 8-10). B) Service Law - Recruitment - Cut-off Marks - Persons with Benchmark Disabilities - Rajasthan Judicial Service Rules, 2010 - The appellants argued that failure to show cut-off marks for disabled candidates was discriminatory. The court rejected this, noting that the advertisement provided for overall horizontal reservation and the appellants had participated in the process without challenge. Held that the respondents were not obligated to fix separate cut-off marks for the disabled category (Paras 4-10).
Issue of Consideration
Whether the respondents were required to fix and declare separate cut-off marks for the category of Persons with benchmark disabilities in the Preliminary Examination for recruitment of Civil Judges, when the reservation for such persons was an overall horizontal reservation.
Final Decision
The Supreme Court dismissed both civil appeals, upholding the High Court's orders. The Court held that there was no requirement to fix separate cut-off marks for Persons with benchmark disabilities under overall horizontal reservation, and the appellants had failed to substantiate their claim.
Law Points
- Horizontal reservation
- Overall horizontal reservation
- Compartmentalised horizontal reservation
- Cut-off marks for disabled candidates
- Persons with benchmark disabilities
- Rajasthan Judicial Service Rules 2010
- Rajasthan Rights of Persons with Disabilities Rules 2018
