[Civil Judge recruitment] Karnataka High Court refuses to stay preliminary exam

The Karnataka High Court on Tuesday refused to stay the notification for the preliminary exam for civil judge recruitment scheduled to be held on August 8, 2021 to fill up 94 posts of civil judges in Karnataka. .However, a Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj clarified that the results of the preliminary examination will be subject to final outcome of the petition before the Court..Plea in Karnataka High Court challenges Civil Judge recruitment notification for failure to provide reservation for blind, low vision category.The Court was hearing a plea challenging the notification issued by the High Court to fill up 94 posts of civil judges in Karnataka, on the ground that it does not reserve posts for persons with blindness and low vision. .The Court declined to the allow the interim prayer opining that if persons with blindness, low vision are to be permitted for exam, then the last date for filing applications may have to be pushed. “Firstly, we may note here that the entire process of selecting civil judges will be subject to the final outcome of this petition. Secondly, if persons with blindness, low vision are to be permitted for exam, the last date for filing applications may result in postponement of the exam,” the Court said. .The petition filed in this regard submitted that the notification issued by the High court committee for filling up 94 posts of civil judges was in complete violation of the provisions of the Rights of Persons with Disabilities Act, 2016..The 2016 Act, it was contended, mandates that 4 percent of posts should be reserved for persons with disabilities out of which 1/4th seats should be for persons with blindness and low vision..The petitioner further highlighted that the High Court committee reserved 1 percent of posts for civil judge only for persons with orthopedic disability and not for persons with blindness and low vision.Senior Advocate Jayna Kothari, appearing for the petitioner, submitted that the members of the petitioners who suffer from blindness and low vision be permitted to appear for exam.She also relied upon the Supreme Court judgment in Vikash Kumar vs UPSC and others to strengthen her submissions.In that case, the top court had ruled that a scribe can be allowed for persons suffering from Writer's Cramp for giving civil service exam. .The Court, however, noted that Kothari did not dispute that the High Court administration has to abide by timeline fixed by Supreme Court for making appointment to vacant posts of Civil Judges.It, therefore, refused to grant any interim relief. The Court proceeded to grant a time period one month to file statement of objections in the matter. .The matter will be next heard on August 31.