IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
SUO MOTU WRIT PETITION (CIVIL) NO. 2 OF 2024
IN RE: RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES
WITH
SUO MOTU WRIT PETITION (CIVIL) NO. 6 OF 2024
IN RE: RECRUITMENT OF PWD CANDIDATES IN RAJASTHAN JUDICIAL SERVICES
Ratio
Thus, these rulings underscore the principle that reasonable accommodation is not a discretionary measure, but a fundamental right integral to achieving substantive equality for PwD, forming part of the right to dignity as guaranteed under Article 21 of the Constitution. It is also worthy to mention that the 73rd and 74th Amendments of the Constitution of India made it a Constitutional obligation for the State to make provisions for safeguarding the interest of the weaker section of the society, including ‘handicapped and mentally retarded’. Further, it is a well-established principle that the State has an obligation to apply the Directive Principles of securing a social order in promotion of the welfare of the people. The importance of Article 41 in the Constitutional scheme can be measured by this Court’s judgment in Jacob M. Puthuparambil & others v. Kerala Water Authority and others22, wherein, it was held that ‘a Court should interpret an Act so as to advance Article 41’. Therefore, Article 41 of the Constitution which is in the nature of a Directive Principle, imposes a duty on the State to make an effective provision, inter alia, for public assistance to disabled persons.
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