AJIT PRAKASH SHAH, C.J.

National Federation of the Blind, an apex body working for the protection of the rights of the visually challenged, has filed this petition in public interest to highlight the discrimination of the blind and low vision persons by virtually excluding them from the process of recruitment to government posts in violation of the scheme of reservation contained in section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (“Disabilities Act” for short). The grievance of the petitioner is that the respondents have failed to provide reservation to the blind and low vision candidates in accordance with section 33 of the Disabilities Act in all its recruitments right from 1996 till date. The Disabilities Act, which was brought into force on 7.2.1996, mandates the Government to make reservation in all groups of posts to the extent of 3% at least of which 1% each shall be reserved for persons suffering from blindness and low vision, persons suffering from hearing impairment and persons suffering from locomotor disability or cerebral palsy. It is obligatory upon every appropriate Government to identify the posts for various categories of disabled, which may be earmarked for them. According to the petitioner several advertisements, which have been issued in the Employment News from 1996 to 2006, do not contain any provision for reservation for the blind and low vision. Not only the respondents have failed to give one per cent reservation to blind and low vision in terms of section 33 of the Act but also expressly excluded blind persons from applying and from being considered for appointment against the posts sought to be filled up by these advertisements. The public sector undertakings under the Central Government have also failed to comply with the provisions of section 33 of the Disabilities Act. This according to the petitioner amounts to clear violation of the fundamental right guaranteed to the blind and low vision under Article 16(1) of the Constitution. The petitioner has drawn attention to OMs dated 29.12.2005 and 26.04.2006, issued by the Central Government for implementation of the scheme for reservation to the disabled as contained in section 33 of the Disabilities Act. A reference is also made to a letter dated 13.1.2006 of the Secretary, Ministry of Social Justice and Empowerment conveying the decision of the Government to various departments for clearing up backlog of vacancies under section 33 in a time bound manner. The petitioner contends that in spite of the OMs and the letter, various departments of the Government and public sector undertakings did not even workout the vacancies which ought to have been reserved but have not been reserved and have not been filled by them. The petitioner has prayed for a mandamus directing the respondents to work out the vacancies which ought to have been reserved for each of the categories of persons with disabilities separately to the extent of one per cent each in a time bound manner in terms of OMs dated 29.12.2005 and 26.4.2006 and to undertake a special drive for filling up such vacancies to be completed in a time bound manner. The petitioner has also prayed for a direction to the respondents to frame rules for ensuring compliance of the provisions of section 33 of the Disabilities Act and for further ensuring that persons suffering from blindness and low vision are allowed to appear in all recruitments / selection tests and to monitor the implementation of the reservation scheme for persons with disabilities in the same manner as is done in the case of SC, ST and OBC.

2. A notice of the petition was issued to the respondents and the respondent No.1 “ Union of India has appeared and a counter affidavit has been filed on its behalf. Since the petition raises some important questions relating to section 33 of the Disabilities Act and other related provisions of the said Act, notice was also issued t

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