The Supreme Court has cleared Bhavya Nain, a candidate with bipolar disorder, to become a Judge in the Delhi Judicial Services. The Court had noted that the 'possibility of improvement' in his health would not disqualify him from getting the benefit of 'relaxed standards' for people with disabilities. Eleven years ago, Nain, then 25-years-old, was diagnosed with bipolar disorder, a mental health condition associated with extreme mood swings, including emotional highs and lows. The World Health Organization(WHO) has previously noted that bipolar disorder is the sixth leading cause of disability worldwide.
No Impediment In Discharge of Duties: SC
After the diagnosis, Nain was prescribed medication and counselling by a psychiatrist, which helped him manage his disability. After that, Nain, a law graduate, went ahead to carve his journey or becoming a Judge. In its order, the Apex Court ordered his immediate appointment as the Judicial Officer, along with due seniority. The Bench, led by Justice Sanjay Kishan Kaul, said that there was no impediment in Nain taking over as the Judicial Officer, Hindustan Times reported.
The medical board interacted with Nain, examined him and assessed his medical records before telling the Court that "there is nothing to indicate that he will not be able to discharge his responsibilities to the post of a judicial officer for which he has been selected". Nain had cleared the Delhi Judicial Services Examination in 2018 while appearing in 'Persons with Disability'. His candidature was rejected by the Administration of the Delhi High Court in 2019, even though he cleared all three rounds.
Medical Board's Opinion
Nain had challenged the decision in the Delhi High Court on the Judicial side. In contrast, the Administration had argued that Nain would not be able to carry out his responsibilities due to his mental conditions. Once the disability falls under 40% at some point in the future, the high court argued that Nain would not be entitled to the benefit of reservation under the Rights of Persons with Disabilities Act, 2016. On the other hand, the medical board had said that though Nain suffers from bipolar disorder and he has been in remission since August 2018.
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