5O pc disability limit in hearing, visual impairment for judicial officer legitimate: SC

A limit of 50 per cent disability in hearing or visual impairment is a legitimate restriction for the post of judicial officer, the Supreme Court held Tuesday.

The observation was made by the apex court's bench of Justice Ashok Bhushan and Justice KM Joseph while dismissing a plea by advocate V Surendra Mohan who had applied for the post of Civil Judge (Junior Division) under partially blind category with 70 per cent disability.

"A judicial officer in a State has to possess reasonable limit of the faculties of hearing, sight and speech in order to hear cases and write judgments and, therefore, stipulating a limit of 50 per cent disability in hearing impairment or visual impairment as a condition to be eligible for the post is a legitimate restriction i.e. fair, logical and reasonable," the bench said.

The top court said it is well within the power of appointing authority to prescribe eligibility looking to the nature of the job, which is to be performed by holder of a post.

"The reasons as given by the respondent No.3 (Madras High Court) fully justified the requirement of disability to the extent of 50 per cent which is reasonable, just and fair. High Court did not commit any error in dismissing the writ petition filed by the appellant," it said.

"We, thus, came to the conclusion that prescription of disability to the extent of 40 per cent-50 per cent for recruitment for the post of Civil Judge (Junior Division) was valid and does not contravene any of the provisions of the Act, 1995 or any other statutory provision," it added.