ORIGINAL JURISDICTION: Writ Petition (C) No. 655 of 1991. (Under Article 32 of the Constitution of India). Santosh Kumar Rungta and R.P. Gupta for the Petitioner. V.C. Mahajan, Ms. Niranjana Singh and Ms. A. Subhashini for the Respondents. The Judgment of he Court was delivered by KULDIP SINGH, J. National Federation of Blind a representative body of visually handicapped persons in India has filed
this petition under Article 32 of the Constitution of India seeking a writ in the nature of mandamus directing the Union of India and the Union Public Service Commission to permit the blind candidates to compete for the Indian Administrative Service and the Allied Services and further to provide them the facility of writing and civil services examination either in Braille-script or with the help of a Scribe. Braille is a system of writing for the blind in which the characters consist of raised dots to be read by the fingers. Further relief sought in the petition is that Group A and B posts in Government and public sector undertakings which have already been identified for the visually handicapped persons be offered to them on preferential basis. The visually handicapped constitute a significant section of our society and as such it is necessary to encourage their participation in every walk of life. The Ministry of Welfare, Government of India has been undertaking various measures to utilise the potentialities of the visually handicapped persons. The Central as well as the State Governments have launched several schemes to educate, train and provide useful employment to the handicapped. The Central Government has provided reservations to the extent of 3% vacancies in Group C and D posts for the physically handicapped including blind and partially blind. There has been a growing demand from the visually handicapped persons to provide reservations for them in Group A and B posts under the Central Government. The Ministry of Welfare, Government of India has a standing Committee or identification of jobs in various Ministries/Departments and public sector undertakings for the physically handicapped. By an order dated December 30, 1985 the Government of India directed the Standing Committee to undertake the identification of jobs for the handicapped in Group A and B Services under the Government and public sector undertakings. The Committee submitted its report which was published on October 31, 1986. Copy of the report has been placed on the record of this petition. In the introduction to the report given by Mr. M.C. Narsimhan, Joint Secretary to Government of India and Chairman, Stating committee on identification of jobs for handicapped, it has been stated as under:-
"A Sub Committee, which was set up to assist
the Standing Committee visited a large number
of Public Sector Undertakings and observed
people actually working in a variety of jobs
and the working conditions in which these jobs
are performed. The Sub Committee had detailed
discussions with the Chiefs and Senior
Officers of the Public Sector Undertakings as
also with officers of the Central Government
Departments. A fist of the public sector
undertakings and the list of the officers of
the Undertakings with whom the Sub Committee
had discussions is annexed to the report. The
Committee after detailed discussions and on-
the-spot study has prepared a comprehensive
list of 416 categories in Group A and B posts
in Government Offices and Public Sector
Undertakings, with their jobs descriptions,
the physical requirement of each group of job
and matched them with various categories of
disabilities." The Committee devoted special attention to the visually handicapped. Para 8 of the report which relates to the blind is as under:-
"However, in the case of the blind the
position is somewhat different. Seeing,
reading, writing and movement are essential
ingredients of most Government jobs.
Therefore, a similar approach in respect of
blind persons may be difficult. It would not
be possible to generalise that blind person
can do most jobs as we have found for those
with locomotor and hearing disabilities. The
Committee found
that in higher posts is Government the help of
a personal assistant or a stenographer is
generally available. But this facility is.
not available even in higher posts in public
sector undertakings. Wherever this facility
is available a blind person may not find it
difficult, in certain groups of posts, to
handle the job. It is also possible, in
relation to other posts where stenographic
assistance is not available that some other
facilities can be provided to a blind
employee. To compensate ’reading deficiency,
readers’ allowance can be provided to blind
employees to enable them to engage a reader.
Similarly, to compensate for "writing
deficiency", the blind employee should be
required to know typing. Adequate knowledge
of typing should be prescribed as an essential
qualification for blind employees for public
employment. Where mobility may also be one of
the main ingredients of a job it is difficult
to compensate blind employees for this
"deficiency. The Committee would also
emphasise that the blind employee should be
fully responsible for the duties assigned to
them, despite the provision of reader’s
allowance and typing skill. The Committee
would also suggest that the maximum reader’s
allowance should be limited to Rs.200 p.m. to
blind employees recruited to Group A and B
post.’ The Committee has identified about 416 categories of Group A and B posts which are suitable for the handicapped. The Committee has further specified that the visually handicapped (blind and partially blind) are suitable for appointment to the following categories of Group A and B post:No. in the List Category of Group Annexed to the Post Report 178 to 187 Hindi officers A & B 191 to 192 Job Analyst A & B 193 to 199 Labour Welfare
Officers A & B 200 to 209 Law Officers A & B 237 to 242 Personal Assistants B 243 to 256 Personnel Officers A & B 279 to 291 Public Relations Officers A & B 295 to 317 Research Officers A & B 354 to 363 Training Officers A & B 364 to 376 Administrative Officer
(Non Secretarial) A 377 to 384 Administrative Officers
(Secretarial-Sr.) A 385 to 401 Administrative Officers
(Secretarial-Junior) A & B 409 Asstt. Admin. Officer We have only quoted the list of categories from the report to illustrate the point that the Committee appointed by the Government has in its report identified certain categories of posts to which the blind and the partially-blind can be appointed. Government of India Through Ministry of Personnel issued office memorandum dated November 25, 1986 wherein it accepted the report of the Committee and took a policy decision that in respect of the posts identified by the Committee the handicapped persons shall be given preference in the matter of recruitment to those posts. The office memorandum is re-produced hereunder:
"No.F.36034/4/86-Estt.(SCT)
Government of India
Ministry of Personnel, Public
Grievances & Pensions
Department of Personnel & Training
New Delhi, the 25th November, 1986
Subject:- Identification of jobs for the
physically handicapped persons in Groups ’A’
and ’B’ posts filled by direct recruitment in
the Central Government services and
Public Sector Undertakings.
The undersigned is directed to say that with a
view to effecting optimum utilisation of
potentialities of physically handicapped which
constitutes a significant section of the
population in the country, the Ministry of
Welfare constituted a Standing Committee for
identification of jobs for the physically
handicapped in the Central Government services
and Public Sector Undertakings. The Standing
Committee on identification of jobs set up a
sub-Committee for on-the-spot identification
of jobs for the physically handicapped persons
in Group ’A and ’B’ posts after making an in
depth study of Undertakings as well as in
consultation with the concerned authorities.
This subCommittee in its Report (submitted to
the parent Committee) identified 420 jobs in
Group ’A’ and Group posts/services alongwith
the physical requirements and functional
classifications of disabilities indicating
what jobs can be held by each category of
disabled people and with what disability.
It has been decided that in respect of
identified posts which can be held by
physically handicapped persons preferences to
physically handicapped persons will be ,given
in the matter of recruitment to those posts.
A copy of the report of the Committee referred
to in para-1 is enclosed for information
guidance and necessary action. The list of
jobs identified by the Committee on suitable
for being held by physically handicapped
persons is not exhaustive. The
Ministries/Departments can further supplement
the list based on their knowledge for jobs
requirements, essential qualifications etc.
The Ministries/Departments after identifying
all the posts which can be held by physically
handicapped persons may inform the UPSC at the
time of sending their requisitions for filling
vacancies in respect of those posts, that
preference is to be given to physically
handicapped persons in the matter of
recruitment. The UPSC have agreed in
principle to give preference to physically
handicapped persons in filling the identified
posts. The Depart-
ment of Personnel and Training will be issuing
general instructions to enable preference
being given to the physically handicapped
persons in such cases.
The Ministry of Finance etc. are requested to
bring these instructions to the notice of all
concerned.
Sd/-
DIRECTOR (JCA)’ From the office memorandum quoted above it is obvious that the Government of India has taken the following policy decisions to implement the Committee report:1. The Government of India has taken cognizance of the fact that the Standing Committee on identification of jobs through its Sub-Committee has identified 420 jobs in Group A and Group B posts/services along with the physical requirements and functional Classifications of disabilities indicating what jobs can be held by each category of disabled people and with what disability. 2. The decision has been taken that in respect of identified posts which can be held by physically handicapped persons preference to physically handicapped persons will be given in the matter of recruitment to those posts. 3. The list of jobs identified by the Committee is not exhaustive, the Ministries/Departments can further supplement the list based on their knowledge of job requirements, essential qualifications etc. 4. The Ministries/Departments after identifying all the posts which can be held by physically handicapped persons may inform the Union Public Service Commission at the time of sending their requisitions for filling vacancies in respect of those posts, that preference is to be given to physically handicapped persons in the matter of recruitment. 5. The Union Public Service Commission has agreed in principle to give preference to physically handicapped persons in filling identified posts. 6. The Department of Personnel and Training will be issuing general instructions to enable preference being given to the physically handicapped persons in such cases. Mr. S.K Rungta, learned counsel for the petitioner has contended that the memorandum dated November 25, 1986 was issued more than seven years back but so far the decisions taken therein have not been implemented. Mr. Rungta (himself visually handicapped) has argued his case with utmost clarity. Mr. Rungta was fully conversant with all the relevant annexures to the petition. He referred to the relevant pages in the bulky paper book with perfect ease. We did not feel even for a moment that the case was being argued by a visually handicapped lawyer. Mr. Rungta’s performance before us amply. proves the point that the visually handicapped persons can perform the jobs entrusted to them with equal efficiency. The question of giving preference to the handicapped in the matter of recruitment to the identified posts is a matter for the Government of India to decide. The matter is pending for decision with the Government of India for the last several years. While appreciating various measures undertaken by the Government to provide useful employment to the handicapped persons we commend the Government of India to decide the question of providing preference/reservation to the handicapped in Group A and B posts as expeditiously as possible. So far as the claim of visually handicapped for writing the civil services examinations, in Braille-script or with the help of Scribe, is concerned, we are of the view that their demand is legally justified. The fist of category A and B posts, identified as suitable for the visually handicapped by the Committee, includes number of posts which are filled as a result of the civil services examinations. When there are posts to which blind and partially-blind can be appointed, we see no ground to deprive them of their right to compete for those posts along with other candidates belonging to general category. Mr. V.K. Cherian, Under Secretary to Government of India, Ministry of Personnel in his affidavit dated March 10, 1992 filed before this Court has stated as under:-
"If there were Group ’A’ and ’B’ jobs, which
could be filled up by the blind, the same
should also be identified. Once the jobs were
identified, they could be filled up from among
the blind and also other handicapped persons
such as deaf and orthopaedically
handicapped...... Going by the Report of the
Committee and the posts identified by it, the
Union Public Service Commission made the
observation that the posts identified as
suitable to be held by the physically
handicapped persons, particularly those iden-
tified for the blind are not such which are
required to be filled on the basis of
competitive examination conducted by the
Commission’. The observations of the Union Public Service Commission as projected by Mr. V.K. Cherian in his above quoted affidavit do not seem to be correct. After going through the list of the posts identified as suitable for visually handicapped (blind and partially-blind) it is obvious that there are number of posts which are required to be filled through the civil services examination and other competitive examinations conducted by the Commission. Group A and B posts in the category of Administrative Officers (Secretarial-Senior) and Administrative Officer (Secretarial-Junior) are necessarily to be filled as a result of civil services examination by the Union Public Service Commission. If some of the posts in the Indian Administrative Service and other Allied Services, as identified by the Committee, can be filled from amongst the visually handicapped persons then we see no reason why they should not be permitted to sit and write the civil services examination. We make it clear that once recruited to the lowest level of the service the visually handicapped persons shall not be entitled to claim promotion to the higher posts in the service irrespective of the physical requirements of the jobs. If in the hierarchy of promotional-posts it is found by the Government that a particular post is not suitable for the visually handicapped person he shall not have any right to claim the said post. In the light of the above discussion we partly allow the writ petition and direct the Government of India and the Union Public Service Commission to permit the visually handicapped (blind and partially-blind) eligible candidates to compete and write the civil services examination which is ordinarily held yearly by the Union Public Service Commission. We further direct that they shall be permitted to write the examination in Braille-script or with the help of a Scribe. There shall be no orders as to costs. S.P.S. Petition allowed partly.