Sailendra Prasad Talukdar, J. - (1.) 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 ground 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 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.
(2.) The Public Service Commission, West Bengal, issued an advertisement being No. 13/2004 in various newspapers including Ananda Bazar Patrika dated 30th October, 2004 inviting applications in the prescribed form 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.
(3.) In the advertisement it was mentioned that none will be allowed 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 amounts to denial of an opportunity to a blind person to compete 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 completion 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 candidates to compete and write the Civil Services Examination which is ordinarily held yearly by the Union Public Service Commission. We further direct that they shall be permitted to write the examination in Braille script or with the help of a Scribe. There shall be no orders as to costs." ;