In a recent decision, the Supreme Court of India addressed a significant issue concerning the reservation of persons with benchmark disabilities in the case of Rekha Sharma vs. Rajasthan High Court, Jodhpur & Anr. The verdict has brought forward the provisions of law reserved for the disabled in recruitment processes.
Background
The case arose after the appellants approached court stating violation of their fundamental rights under Articles 14, 16, and 21 of the Constitution of India. Rekha Sharma and Ratan Lal, both persons with benchmark disabilities, applied for the post of Civil Judge and Judicial Magistrate under the Civil Judge Cadre in Rajasthan. The appeared for the examination and were declared failed without the specification of any cut-off marks for disabled individuals.
The Court’s Analysis
The Supreme Court, led by Justice Bela M. Trivedi, carefully examined the arguments and clarified that the reservation for persons with benchmark disabilities is an "Overall Horizontal Reservation," not a "Compartmentalised Horizontal Reservation." This distinction is crucial because, in the case of Overall Horizontal Reservations, the reservation is applied to the total number of vacancies and not specific to each vertical category.
The Court noted that: "The Persons with benchmark disabilities for being adjusted in the category for which he or she had applied, had to secure the minimum cut off marks fixed for such category under which he or she had applied."
In other words, applicants with benchmark disabilities must meet the cut-off marks of the category they applied under, rather than having a separate, lower cut-off. The Court also referenced the landmark judgment in Indra Sawhney & Others vs. Union of India & Others (1992 Supp. (3) SCC 217) to explain the concept of horizontal reservations, emphasizing that these reservations "cut across the vertical reservations" and are interwoven with them.
The Verdict
The Supreme Court ultimately upheld the actions of the Rajasthan High Court, stating that there was no requirement under the law or the relevant rules to declare separate cut-off marks for persons with benchmark disabilities. The Court affirmed that: "The respondents in the notice declaring result of Preliminary Examination had rightly shown the cut off marks for all the categories except for the category of persons with benchmark disabilities." The appeals were dismissed, with the Court concluding that the appellants could not challenge the selection process after participating in it and failing to secure a place in the Main Examination.
Conclusion
The Supreme Court has laid down an example on how reservation should be used in recruitment processes especially concerning the disabled people. The Law provides reservation for the needy but it should not hamper the deserving in competitive placements.
TAGS: Supreme Court of India Reservation for persons with disabilities Rekha Sharma vs. Rajasthan High Court Civil Judge Cadre Persons with benchmark disabilities Overall Horizontal Reservation Compartmentalised Horizontal Reservation Cut-off marks Rajasthan Judicial Service Rules Rajasthan Rights of Persons Disabilities Rules
