Blind Persons Association vs Public Service Commission

Sailendra Prasad Talukdar, J.—The Instant Public Interest Litigation under Article 226 of the Constitution has been filed with the following grievances:

The Petitioner No 1 i.e. Blind Persons Association, works for the all round development of the sightless people with its four points objectives - Education. Employment, Social Security and Social Placement. The Petitioner No 1 is engaged in various activities which have the recognition of the Government of India as well as the others. The purpose of filing this application is to transmit the benefits given to the visually handicapped in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 into reality.

The Public Service Commission, West Bengal, issued an advertisement being No. 13/2004 in various newspapers including Ananda Bazar Patrika dated October 30, 2004 inviting applications in the prescribed from for the competitive examination for recruitment to various posts. It was mentioned that some of the vacancies may be reserved for Scheduled Caste, Scheduled Tribe and Other Backward Class candidates of West Bengal as well as for Physically Handicapped Persons. The examination was required to be held on two successive stages:- (a) Preliminary Examination, (b) Final Examination and Personality Test.

In the advertisement it was mentioned that none will be allowed the also the help of a scribe. It also does not speak anything about the blind persons. If a blind person is not allowed to take help of scribe or is not provided with Braille it anmmints to denial of an opportunity to a blind person to compete in the in the examination there have been many occasions for such association and the visually handicapped persons to approach the Courts in order to establish their rights, under the aforesaid Act in view of the positive Stand taken in connection with such cases, there had been change in complexion to a significant extent, the Apex Court in the case of National Federation of blind v. Union Public Service Commission and others held as follows:

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 candidate to compete and write the Civil Services Examination which is ordingly held yearly by the Union Public Service Commission. We further direct that they shall be permitted to write the examination in Bralle script or with the help of a scribe there shall be no orders as to costs.

Such judgment was delivered on March 23, 1993. Thereafter, the Central Government enacted the Persons with Disabilities (Equal Opportunities, Protection of right and Full Participation Act, 1995 which came into force with effect from February 7, 1996, by which, apart from providing opportunities, decision for reservation was taken. Section 33 of the said Act not only provides opportunities to the blind persons in different employments, but also reserves 1% vacancy for the persons suffering from blindness or low vision. The mandate of the said Act is also being followed by the different authorities, as a result of which presently the blind persons are allowed to compete in the examinations ''under different civil service posts, different Bank'' employments, School and College services and other Central Government employment.

By Notification No. 344 (100) Emp/IM-43/94 dated April 16, 1999 issued by the Chief Secretary, Government of West bengal. It was notified that each reserved vacancy for persons with disabilities in each Block 33 Point would be filled up by persons suffering from--(i) blindness or low vision (ii) hearing impaitment (iii) locomotor disability or (iv) cerebral palsy.

From the Notification No. 240-Emp/B-5/200 dated August 2, 2001 issued by the Chief Secretary, Government of West Bengal, it is inter alia found that in Model 100 Point Roster, the 12th, 42nd and 72nd vacancies are reserved for persons with disabilities. The authorities like Union Public Service Commission. Reserve Bank of India, Bank of India, Andhra Bank, National Council for Educational Research and Training and even the School Service Commission of Government o West Bengal have been allowing the blind persons for examination for different posts but Public Service Commission, West Bengal, has been consistently depriving the blind persons of the same right and entitlement in gross violation of the said Act of 1995. Pursuant to the advertisement being Annexure P-2 to the writ application, some blind persons applied for some of the posts upon payment of requisite fees There are other large number of blind persons who are also being deprived in the same manner of their right to appear in different competitive examinations under Public Service Commission The Blind persons are also allowed some Relaxation in payment of fees and also examination time the Petitioners went to the office of the Public Service Commission and tried to persuade the said Respondents on Several occasion stating that refusal to allow the blind persons is contrary to the said Act of 1995, but the Respondents/Public Service Commission refused to change the stand. In such circumstances, the Petitioners have filed the instant application under Article 226 of the Constitution praying for issuance of a writ of mandamus commanding them to allow all the eligible blind persons to appear in the different competitive examinations conducted by the Public Service Commission, West Bengal with scribe as well as commanding them to take steps for reservation for blind persons to the extent of 1% as well as other reliefs.

Learned Counsel Mr. Pratik Dhar, appearing for the Petitioners, invited attention of the Court'' to the relevant Act, i.e. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Section 2(b) of the the said Act provides as follows:

(b) ''blindness'' refers to a condition where a person suffers from any of the following condition namely :- (i) total absence of sight : or (ii) visual acuity not exceeding 6/60 or 20/200 (Snellen) in the better eye with correcting lenses; or (iii) limitation of the field of vision subtending an angle of 20 degree or worse.

Section 2(i) gives the meaning of disability as (i) blindness; (ii) low vision; (iii) loprosy-cured; (iv) hearing impairment, (v) locomotor disability; (vi) mental retardation; (vii) mental illness.

As per Section 2(t) of the said Act "persons with disability" means a person suffering from not less than forty percent of any disability as certified by a medical authority.

Chapter (VI) of the said Act Deals with Employment.

Section 32 reads as follows

Identification of posts which can be reserved for persons with disabilities.

Appropriate Government shall-

(a) Identify posts, in the establishment, which can be reserved for the persons with disability;

(b) at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the development in technology.

Section 33 of the said Act relates to reservation of posts and it reads as follows:

Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent for class of persons with disabilities of which one per cent each shall be reserved for persons suffering from--

(i) blindnes or low vision;

(ii) haring impairment;

(iii) locomotor disability; or

(iv) cerebral palsy,

in the post identified of each, disability:

Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

Thus, the concern of the society and the anxiety of the Government for taking care of those with some disability are clearly manifested in various provisions of the said Act. Learned Counsel Mr. Dhar Drew attention of the Court to the decision in a case of National Federation of Blind v. Union Public Service Commission and Ors. in support of his contention that the claim of visually handicapped for writing in the Civil Services Examination in Braille script or with the help of a scribe is legally justified in the case of the Deputy Secretary (Mart), Department of Health and Family Welfare, Government of West Bengal v. Miss. Sanchita Biswas and Ors. it was held that--

The Constitution as also the statute cast an obligation upon the State to provide for reservation of seats for handicapped candidates to the extent of 3 per cent of the total seats in educational institutions like Medical Colleges and Universities and the State cannot be permitted to avoid such obligations without cogent reason therefor.

13 Mr. Dhar has, thereafter, contended that despite such significant changes in appreciation of the need for concern for the persons with disability, there can be no justification for the Public Service Commission. West Bengal to discriminate the visually handicapped persons.

In the relevant advertisement which is the subject matter of challenge before us being Advertisement No. 13/2004 it has been specifically mentioned that "none will be allowed the help of scribes" Mr. Dhar seems to be perfectly justified in pointing out that the aforesaid direction is a clear indication that the persons with impaired vision will not be allowed to compete in the examination. In fact there is no scope for denial of the same. After all a person with visual impairment can only compete either with the assistance of Braille-script or with the help of a Scribe Denial of such opportunity undoubtedly amounts to denial of opportunities to the persons with impaired vision to sit for the r said examination and to participate in the competitive examination of selection to the advertised posts.

Learned Counsel appearing for the Public Service Commission frankly submits that the Public Service Commission is merely conducting the examination, as per instruction of the concerned department of the Government of West Bengal According to him, such Commission has no role to play whatsoever and it, in fact, will welcome a change in the attitude on the part of the said department so as to accommodate the candidates with impaired vision to compete in the examination.

Ploasnntly enough, learned Government pleader appearing for the Respondent/State Authorities produces a copy of the correspondence being Memo. No. 716/Con dated November 24, 2004, which reflects that the Commissioner (Disabiloities) by his letter addressed to the Secretary, West Bengal Public Service Commission, requested to modify an advertisement deleting the words none will be allowed the help of scriber the and advertisement relates to 13/2004 for Miscellaneous Recruitment 2004. It seems to be the clear and categorical stand of the State Authorities as well that they will also welcome the persons with visual impairment to come and compets in such competitive examinations and it is further submitted that the State Government is ready and eager to follow the reservation policy for the persons with such disability.

Having regard to all such facts and circumstances of the case, we are of the view that nobody objects to the claim of the writ Petitioners and very rightly so.

By virtue of an interim order this Court allowed the prayer of the writ Petitioners to appear in the competitive examinations conducted by the Public Service Commission, West Bengal with the help of scribe.

Having regard to Section 33 of the Act of 1995, it is for every Government to appoint in every establishment such percentage of vacancies not less than 3% for persons or class of persons with disabilities, of which 1% each shall be reserved for persons suffering from blindness or low vision in the posts identified for such disability. It is unfortunate and quite shocking that such a clear mandate of law could not be effectively transmitted into reality in the State of West Bengal perhaps due to lack of communication, if not lack of vision.

Unfortunately, many of us, who are members of the society, do not have the eyes to see and the cars to hear. This unfortunately results in indifference, if not hostile attitude. After all it is for the entire society to take care of those, who though members of such society, are somehow physically handicapped in a manner which stands in the way of their taking active and effective part. Mr. Dhar has quite rightly submitted that sometimes sighted people do not understand blind people or those with visually impaired. They think blind people cannot work or else they think they can only do certain jobs that blind people did in the last century like singing or weaving on such basis, people with impaired vision were channalised into jobs that sighted people thought appropriate. He has referred to a selective list of jobs taken from the list compiled by the Royal National Institute for the Blind, UK in 1992 and it will be our pleasure to reproduce the list here....

Accountant

Business executive

Caterer

Civil servant

Computer programmer

Doctor

Dress maker

Engineer

Factory worker

Hotelier

Fast food outlet manager

Interior decorator

Journalist

Judge

Lathe operator

Lawyer

Nurse

Physiotherapist

Probation officer

Secretary

Social worker

Teacher

Telephonist

Having regard to the aforesaid fact and circumstances and the materials on record, we, in appreciation of the griovances ventilated on behalf of the writ Petitioners, are inclined to allow the instant writ application the Respondent authorities are hereby directed to allow all the eligible blind persons to appear in the different competitive examinations conducted by the public Service Commission, West Bengal with scribe and the Respondents No 1 and 2 are further directed to take steps for reservation to the extent of 1% for blind person in compliance with Section 33 of the persons with Disabilities (Equal Opportunities, Protection of Rights and full Participation) Act, 1955 within a period of three months from the date of communication of this order, The Respondent authorities are further directed to consider the claim of the writ Petitioners for providing the blind persons with relaxation in respect of payment of fees as well as duration of different examinations conducted by the Public Service Commission and communicate their decision to the Petitioners within the aforesaid period.

There is, however, no order as to costs.

Xerox certified copy of this order, if applied for, be supplied to the parties, after due compliance of formalities.

Aloke Chakrabarti, J.

I agree.