Judgment :

Leave granted.

The only question which arises for consideration in this appeal filed by the Union of India and four functionaries of South Eastern Railway against the order of the Division Bench of Orissa High Court is whether respondent - Miss Pritilata Nanda, who is physically handicapped, could be denied appointment on Class III post despite her selection by the competent authority only on the ground that she did not get her name sponsored by an employment exchange.

Since the inception of mankind, many lacs have suffered from different types of physical handicaps (today about 600 million people suffer from such handicaps), but many of them overcame all kinds of handicaps and achieved distinctions in various fields. Sarah Bernhardt - French actress was disabled by a knee injury. Her leg was amputated in 1914 but she continued to work on stage until just before her death. Beethoven was deaf when he composed his 9th symphony. Winston Churchill, Walt Disney, Thomas Edison, Albert Einstein, Alexander Graham Bell, Nelson Rockefeller, George Washington and many others had learning disability. Stevie Wonder who was blinded during his childhood became world famous pianist and singer. Brail, who was a blind, had the distinction of inventing script for the blind. With the aid of brail script, a large number of physically handicapped (blind) made tremendous achievement in life. Dr. Hellen Keller who was blind became an international figure because despite her handicap, she discovered the world through her finger tips. Her achievements of difficult goals and her loving kindness made her life an inspiration for countless people all over the world. Expressing his admiration for Dr. Hellen Keller, Eleanor Roosevelt wrote "in her life and happiness in life, Miss Keller has taught an unforgettable lesson to the rest of us who would not have had such difficulties to overcome. Ralph Barton Perry in his introduction to Dr. Keller's book `The Story of My Life' wrote "it is true that Hellen Keller is handicapped as indeed, who is not but that which distinguishes her is not her handicap but the extent to which she has overcome it and even profited by it. She calls for sympathy and understanding and not pity. No one can know her or read her without feeling admiration and gratitude. Soordas and Milton, both of whom were blind made poetry great by their brilliance and richness of thoughts and language. Edison, a great scientist and inventor was deaf. Byron, a great poet of England and Taimoor Leng, Mangolian warrior were lame. Maharaja Ranjit Singh, a great warrior and administrator was handicapped in eye sight. Mr. Mukat Behari Lal, a renowned and eminent advocate of the country, who became blind at a young age acquired phenomenal memory and argued cases after cases with extraordinary brilliance. He also remained member of Parliament for two decades and did not face any difficulty in discharging his role in that capacity.

The framers of the Constitution recognized the necessity of providing assistance to the physically challenged by making it obligatory for the State, within the limits of its economic capacity and development, to make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. (Article 41).

In Jacob M. Puthuparambil and others v. Kerala Water Authority and others (1991) 1 SCC 28, this Court highlighted the importance of both, Part III and Part IV of the Constitution in the following words:

"The Preamble of our Constitution obligates the State to secure to all its citizens social and economic justice, besides political justice. By the Forty-second Amendment, the Preamble of the Constitution was amended to say that ours will be a socialistic democracy. In furtherance of these promises certain fundamental rights were engrafted in Part III of the Constitution. The Constitution guarantees `equality',