Article 142 of the Constitution provides broad powers to the top court to pass any order to ensure “complete justice” in any matter before it.
A supernumerary seat is an additional seat over and above the sanctioned posts to provide employment in future.
Advocate Talha Abdul Rahman, appearing for Sharma, said the Rajasthan judiciary reserved nine posts for the candidates with benchmark disabilities (PwBDs) and two for persons with blindness and low vision.
He said Sharma secured 119 marks which was above the minimum qualifying marks for candidates with blindness and low vision but denied appointment as a judicial officer.
He also said only two candidates in the PwBD category were ultimately selected against a total of nine vacancies and Sharma could have been accommodated in the service.
The bench noted Sharma’s submissions that the high court gave the seat reserved for persons with benchmark disabilities to a PwBD and a scheduled tribe candidate who could have been accommodated under their own reserved category.
“Having regard to the object and intention of Article 142 of the Constitution, we direct that the petitioner be appointed as a civil judge (junior division),” Justice Nagarathna said.
The same would be done either by creating a supernumerary seat or by accommodating the candidate against unfilled vacancies for disabled candidates and were carried forward to a subsequent cycle, the bench said. PTI SJK AMK
