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Supreme Court of India 2024-08-21 dismissed

REKHA SHARMA vs THE RAJASTHAN HIGH COURT, JODHPUR & ANR

Bench: 2 — Bela M. Trivedi, Satish Chandra Sharma

In Brief

Two candidates with benchmark disabilities applied for Civil Judge posts in Rajasthan High Court but failed the Preliminary Examination. They challenged the respondent's failure to declare separate cut-off marks for persons with disabilities, arguing it violated Articles 14, 16, and 21 of the Constitution. The Supreme Court upheld the High Court's dismissal, holding that disability reservation is a Horizontal Reservation under Article 16(1), not requiring separate cut-off marks. Candidates with disabilities must meet the cut-off for the category (General, OBC, SC, ST, etc.) they applied for and are adjusted accordingly. The Court noted that candidates who participated in and failed the exam process cannot retrospectively challenge the methodology.

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Constitutional Law Reservation and Affirmative Action Administrative Law Persons with Disabilities Recruitment and Selection Fundamental Rights

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