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1993 Supreme(SC) 266

SUPREME COURT OF INDIA
KULDIP SINGH AND N.M. KASLIWAL, JJ.
National Federation of Blind, Petitioner
Versus
Union Public Service Commission and others, Respondents.
Writ Petn. (C) No. 655 of 1991
Decided on 23-3-1993.
Advocates appeared
Mr. Santosh Kumar Rongta and Mr. R.P. Gupta, Advocates, for Petitioner; Mr. V.C. Mahajan, Sr. Advocate, Ms. Niranjana Singh and Ms. A. Subhashini, Advocates with him, for Respondents.

Advocates:
A.Subhashini, Niranjana Singh, R.P.GUPTA, SANTOSH ROHNGTA, V.C.MAHAJAN

Headnote:

Constitution of India,1950 – Article 32 - Posts in Government and public sector - Seeking a writ in nature of mandamus - Demand from visually handicapped - Visually handicapped constitute a significant section of our society and as such it is necessary to encourage their participation in every walk of life - Ministry of Welfare Government of India has been undertaking various measures to utilize potentialities of the visually handicapped persons - Central as well as State Governments have launched several schemes to educate train and provide useful employment to handicapped - Central Government has provided reservations to extent of vacancies in Group C and D posts for the physically handicapped including blind and partially blind - Held, After going through list of 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 civil services examination and other competitive examinations conducted by Commission - Group A and B posts in category of Administrative Officers (Secretarial-Senior) and Administrative Officer (Secretarial-Junior) are necessarily to be filled as a result of civil services examination by Union Public Service Commission - If some of posts in Indian Administrative Service and other Allied Services as identified by 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 civil services examination - Petition allowed

JUDGMENT

KULDIP SINGH, J.:—National Federation of Blind - a representative body of visually handicapped persons in India - has filed this petition under Art. 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 the 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.

2. 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.

3. 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 for identification of jobs in various Ministries/ Departments and public 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.

4. 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. Narasimhan, Joint Secretary to Government of India and Chairman, Standing 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 list 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."

5. 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 persons 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 facilit






















































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