Rekha Sharma’s 40% Disability Certificate Disputed After Medical Board Reassessed It at 30%

The Supreme Court has directed the Rajasthan High Court to complete the appointment of Rekha Sharma as a Civil Judge (Junior Division), bringing renewed attention to the challenges faced by persons with benchmark disabilities in public recruitment. Sharma, who has low vision, cleared the Rajasthan Judicial Service examination but faced delays after a medical board reduced her certified disability percentage from 40% to 30%.

The matter began with a recruitment advertisement issued by the Rajasthan High Court on April 9, 2024, for 222 civil judge vacancies, including nine posts reserved for persons with benchmark disabilities. Sharma qualified for the Main examination and became eligible for an interview but was initially not called.

The Supreme Court intervened in a suo motu case on October 24, 2024, directing that candidates, including Sharma, who had secured the minimum qualifying marks under the reserved category be called for interviews. In April 2025, the court also ordered her appointment as a Civil Judge (Junior Division).

However, during the subsequent verification of her antecedents, character and medical fitness under the Rajasthan Judicial Service Rules, 2010, a medical board assessed her disability at 30%. This differed from her disability certificate issued by the Rajasthan government's Department of Medical and Health on November 2, 2020, which recorded it at 40%.

The revised assessment resulted in her being declared ineligible under the physically handicapped category, preventing her from receiving the reservation benefit.

Supreme Court Rejects Rajasthan High Court’s Plea, Highlights Limits of Medical Reassessment

Challenging the reassessment, Sharma argued that the medical board was authorised to evaluate her functional fitness to perform judicial duties, not to alter the disability percentage recorded in her statutory certificate. Her counsel also submitted that the certificate had not been challenged through the appeal mechanism under Section 59 of the Rights of Persons with Disabilities (RPwD) Act, 2016.

Sharma subsequently approached the Supreme Court again on September 19, seeking relief against the reduction in her disability percentage. Her legal team maintained that a person with benchmark disability must have a certified disability of at least 40% to qualify for reservation under the law.

On October 27, the Supreme Court dismissed an application filed by the Rajasthan High Court, describing it as “highly frivolous” and observing that it appeared intended to avoid compliance with the court’s earlier directions. It directed the High Court to complete the appointment process.

The ruling also raises questions about the scope of medical boards in recruitment involving persons with disabilities. Sharma’s counsel argued that such boards should assess a candidate’s functional ability to perform a particular job, while challenges to disability certificates must follow the separate statutory appeal procedure.

The case highlights how disputes over disability assessments can delay appointments and affect the implementation of reservation rights for persons with benchmark disabilities.