KULDIP SINGH - (1.) THE Judgment of the court was delivered by
(2.) - 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 the civil services examination either in Braillecript 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 for identification of jobs in various Ministries/Departments and public sector undertakings for the physically handicapped. By an order dated 30/12/1985 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.
(3.) THE committee submitted its report which was published on 31/10/1986. 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." 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 locomotion and hearing disabilities. The committee found that in higher 413 posts in 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. 200.00 p.m. to blind employees recruited to Group 'A' and 'B' post." ;