Holding

Blind and partially blind candidates are entitled to compete in the UPSC civil services examination and may write it in Braille or with a scribe, and posts identified as suitable for them in Group A and B must be filled through the competitive exam, while reservation or preference is a matter for the Government.

Summary

The National Federation of Blind filed a writ petition under Article 32 seeking a mandamus directing the Union of India and UPSC to allow blind and partially blind candidates to compete for the Indian Administrative Service and allied services and to write the civil services examination in Braille or with a scribe. The petition relied on a 1986 Government memorandum and a Standing Committee report that identified 416 Group A and B posts suitable for physically handicapped persons, including the blind. The Court observed that the petitioner's performance demonstrated that visually handicapped persons can perform duties with equal efficiency. It held that where the identified posts are filled through the UPSC competitive examination, blind candidates must be permitted to sit for the exam and write it in Braille or with a scribe, while the question of reservation or preference in recruitment remains a policy decision for the Government. Consequently, the Court partially allowed the petition, directing the Government and UPSC to implement the examination provisions but leaving reservation matters to the executive.

Issues considered

Whether blind and partially blind candidates can be permitted to sit for the UPSC civil services examination.
Whether the examination may be written in Braille script or with the assistance of a scribe.
Whether Group A and B posts identified as suitable for the visually handicapped must be filled through the UPSC competitive examination.
Whether the Government is bound to implement the 1986 memorandum and the Standing Committee recommendations.
Whether blind candidates are entitled to reservation or preference in recruitment and promotion to higher posts.

Subjects

visually handicappedcivil services examinationreservationGroup A and B postsUPSCBraillescribeArticle 32mandamusright to equality

Judgment

A NATIONAL FEDERATION OF BLIND
v.
UNION PUBLIC SERVICE COMMISSION AND OTHERS

MARCH 23, 1993

.a -k-
[KULDIP SINGH AND N.M. KASLIWAL, JJ.)
•·
Visually Handicapped-Right to compete for civil services-Writ of r::
mandamus u/Alt 32 of the Constitution-:Tustijication for writing civil service
examination in Brailli;--Script or with the help of a scribe-Whether visual
c handicap hinders equal efficiency. ,.
Entitlement to claim promotion to higher posts-And right to claim a A' )
palticu/ar post in. the hierarchy of promotional posts in respect of which the ),
Government has found that the visually handicapped persons shall not be

D
suitable.
l
The visually handicapped constitute a significant section or our
society. As it is necessary to encourage their participation in every walk or
life. The Central Ministry of Welfare has been undertaking various
measures to utilise their potentialities. The Governments have launched
schemes to educate, train and provide them with useful employment. The -y
E
Central Government has provided 3% reservation in Group C and D posts
for physically handicapped including blind and partially blind, while
demand is growing for reservations in Group A and B posts.

The Standing Committee of the Ministry of Welfare undertook iden-
F tilication of jobs in these categories and submitted its report on October
31, 1986. Para 8 thereof related to the blind. It took note of reading and
writing deficiency and suggested the provision of allowance. And found
that the specified 416 posts in Group A and B are suitable for blind and
partially blind. So, the Ministry of Personnel issued office memorandum
dated November 25, 1986 a accepting the report and took policy decision
G
regarding identification of jobs for the physically handicapped persons in
Group A and B posts filled to be by direct recruitment in Central Govern-
ment Services and Public Sector Undertakings.
r-

This court examined the memorandum and found that the Govern·
H ment had taken cognizance of the identified jobs; that the Government had
556
~
,

NATIONAL FEDERATION OF BLIND v. U.P.S.C. 557
_,)-
decided about the recruitment of handicapped lessons to these posts; that A
the departments would supplement the list further; that the Mini-
stries/Departments would inform the UPSC about preferential treatment
to handicapped candidates; that the UPSC 'bad agreed in principle to give
preference; and that the Department of Personnel and Training would be
issuing general instructions for the purpose.
B
-f
However, the decisions were not implemented for seven years. So the
petitioner approached this Court seeking a writ in the nature of man-
damns directing the Union of India and the UPSC to permit the blind
candidates to compete for the I.A.S. and Allied Services and to provide
them facility of writing the civil services examination either in Braille c
Script or with the help of a scribe.

~ On hearing the counsel for the petitioner, himself visually hand-
icapped, this Court,

HELD: The performance ofthecounsel for the petitioner before us has D
amply proved the point that the visually handicapped penous can perform
the jobs entrusted to them with equal efficiency. However the question of
giving preference to the handicapped in the matter of recruitment to the
identified posts is a matter for the Government of India to decide. The
Government of India is commended to decide the question of providing E
y preference/reservation to the handicapped in Group A and B Posts.
(564 C-D·E]
I This Court further held that there are number of post which are
required to be filled through the civil services examinations and other
competitive examinations conducted by the Commission, so the observa- F
lions of the UPSC that the posts identified as suitable to be held by the
\ physically handicapped persons, particularly those identified for the blind
were not required to be filled on the basis of competitive examination
conducted by the Commission, appeared to be incorrect. (565 DJ

Group A and 8 posts in the category of Administrative Officers are G
necessarily to be filled as a result of civil services examination held by the
~ UPSC. If some of the identified posts in the Indian Administrative Service
·and other Allied Services can be filled from amongst the visually hand·
icapped persons, there was no reason why they should not be permitted to
sit and write the civil services examination. (565 E] H
'
I
558 SUPREME COURT REPORTS (1993] 2 S.O.R.
.~.
A ORIGINAL JURISDICTION : Writ Petition (C) No. 655 of 1991.

(Under Article 32 of the Constitution of India).

Santosh Kumar Rungta and R.P. Gupta for the Petitioner.

B V.C. Mahajan, Ms. Niranjana Singh and Ms. A. Subhashini for the ~
Respondents.

The Judgment of he Court was delivered by

KULDIP SINGH, J. National Federation of Blind - a representative
C 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
D the facility of writing and civil services examination either in Braille-script
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
E preferential basis. 'f
The visually handicapped constitute a significant section of our
society and as such it is necessary to enrourage their participation in every
walk of life. The Ministry of Welfare, Government of India has been
F . 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 'r
to the handicapped. The Central Government has provided reservations to
the extent of 3% vacancies in Group C and D posts for the physically
G handicapped including blind and partially blind.
There bas been a growing demand from the visually handicapped
persons to provide reservations for them in Group A and B posts under ''r-'
the Central Government. The Ministry of Welfare, Government of India
bas a standing Committee or identification of jobs in various Mini-
H snies/Departments and public sector undertakings for the physically hand-
NATIONALFEDERATIONOFBUNDv. U.P.S.C.(KULDIPSINGH,J.) 559
,,.....
icapped. By an order dated December 30, 1985 the Government of India A
directed the Standing Committee to undertake the identifieation of jobs for
the handicapped in Group A and B Services under the Government and
public sector undertakings.

...;.. The Committee submitted its report which was published on October
B
31, 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. Narsimhan, Joint
Secretary to Government of India and Chairman, Stating committee on
identification of jobs for handicapped, it has been stated as under:-

'A Sub Committee, which was set up to assist the Standing c
Committee visited a large number of Public Sector Un-
dertakings 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 D
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 discus-
sions is annexed to the report. The Committee after
y· E
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 Undertak-
ings, with their jobs descriptions, the physical requirement
of each group of job and matched them with various
categories of disabilities . ' F

' The Committee devoted special attention to the visually hand-
icapped. Para 8 of the report whith 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 es- G
sential 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
person can do most jobs as we have found for those with
locomotor and hearing disabilities. The Committee found H
560 SUPREME COURT REPORTS [1993) 2 S.C.R.

A that in higher posts is 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
B
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 employ~es to enable them to
engage a reader. Similarly, to compensate for "writing
c 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
D
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 p.m. to
E blind employees recruited to Group A and B post.'

The Committee has identified about 416 categories of Group A and
B posts which are suitable for the handicapped. The Committee bas further
specified that the visually handicapped (blind and partially blind) are
suitable for appointment to the following categories of Group A and B
F
post:-
r
No. in the List Category of Group
Annexed to the Post
Report
G
178 to 187 Hindi officers A&B
191 to 192 Job Analyst A&B ~
193 to 199 · Labour Welfare
Officers A&B
H 200 to 209 Law Officers A&B
NATIONAL FEDERATION OF BLIND v. U.P .S.C. (KULDIP SINGH, J .) 561
_,.l.
'237 to 242 Personal Assistants B A
243 to 256 Personnel Officers A&B
279 to 291 Public Relations Officers A&B
295 to 317 Research Officers A&B
354 to 363 Training Officers A&B
364 to 376 Administrative Officer
~ (Non Secretarial)
B
A
377 to 384 Administrative Officers
(Secretarial-Sr.) A
385 to 401 Administrative Officers
(Secretarial-Junior) A&B
409 Asstt. Admin. Officer c
We have only quoted the list of categories from the report to ii-
~-
lustrate the point that the Committee appointed by the Government has in
its report identified certain categories of posts to which the blind and the
partially-blind can be appointed.
D
Government of India Through Ministry of Personnel issued office
memorandum dated November 25, 1986 wherein it accepted the report of
the Committeee and took a policy decision that in respect of the posts
identified by the Committee the handicapped persons shall be given
y preference in the matter of recruitment to those posts. The office E
memorandum is re-produced hereunder:

"No.F.36034/4/86-Estt.(SCT)
Government of India
Ministry of Personnel, Public
F
.,_, Gri6vances & Pensions
Department of Personnel & Training

New Delhi, the 25th November, 1986

OFFICE MEMORANDUM G
Subject:- Identification of jobs for the physically hand-
icapped persons in Groups 'A' and 'B' posts filled by
direct recruitment in the Central Government services and
Public Sector Undertakings.
H
562 SUPREME COURT REPORTS (1993] 2S.C.R.
: .......
A The undersigned is directed to say that with a view to
effecting optimum utilisation of potentialities of physically
handicapped which constitutes a significant section of the
population in the country, the Ministry of Welfare con-
stituted a Stand~ Committee for identification of jobs
for the physically handicapped in the Central Government
B services and Public Sector Undertakings. The Standing
Committee on identification of jobs set up a sub-Commit-
tee for on-the-spot identification of jobs for the physically
handicapped persons in Group 'A' and 'B' posts after
mal<lng 1111 in depth study of Undertakings as well as in
c consultation with the concerned authorities. This sub-
committee in its Report (submitted to the parent Com-
mittee) identified 420 jobs in Group 'A' and Group 'B'
posts/services alongwith the physical requirements and
functional classifications of disabilities indicating what
jobs can be held by each category of disabled people and
D
with what disability.

It has been decided that in respect of identified posts
which can be held by physically handicapped persons
preferences to physically handicapped persons will be
E give!\ in the matter of recruitment to those posts. A copy
of the report of the Committee referred to in para-1 is
enclosed for information· guidance and necessary action.
The list of jobs identified by the Committee on suitable

F
for being held by physically handicapped persons is not
exhaustive. The Ministries/Departments can further sup-
-
plement the list based on their knowledge for jobs require-
ments, essential qualifications etc.

The Ministries/Departments after identifying all the
posts which can be held by physically handicapped per-
G sons may inform the UPSC at the time of sending their
requisitions for filling vacancies in respect of those posts,
that preference is to be given to physically handicapped
persons in. the matter of recruitment. The UPSC have
agreed in principle to give preference to physically hand·
H icapped persons in filling the identified posts. The Depart-
NATIONAL FEDERATION OFBLINDv. U.P.S.C. [KULDIP SINGH,J.] 563

men! of Personnel and Training will be issuing general A
instructions to enable preference being given to the physi-
cally handicapped persons in such cases.

The Ministry of Finance etc. are requested to bring
these instructions to the notice of all concerned.
B
Sd/-
(BATA K. DEY)
DIRECTOR (JCA)"

From the office memorandum quoted above it is obvious that the Govern-
ment of India has taken the following' policy decisions to implement the C
Committee report:-

1. The Government of India has taken cognizance of the fact that the
Standing Committee on identification of jobs through its Sub-Committee
has identified 420 jobs in Group A and Group B posts/services along with D
the physical requirements and functional Classifications of disabilities in-
dicating what jobs can be held by each category of disabled people and
with what disability.

2. The decision has been taken that in respect of identified posts E
which can be held by physically handicapped persons preference to physi-
cally handicapped persons will be given in the matter of recruitment to
those posts.

3. The list of jobs identified by the Committee is not exhaustive, the
Ministries/Departments can further supplement the list based on their F
knowledge of job requirements, essential qualifications etc.

4. The Ministries/Departments after identifying all the posts which
can be held by physically handicapped persons may inform the Union
Public Service Commission at the time of sending their requisitions for G
filling vacancies in respect of those posts, that preference is to be given to
physically handicapped persons in the ioatter of recruitment.

5. The Union Public Service Commission has agreed in principle to
give preference to physically handicapped persons in filling identified
posts. H
564 SUPREMECOURT REPORTS [1993] 2 S.C.R.

A 6. The Department of Personnel and Training will be issuing general
instructions to enable preference being given to the physically handicapped
persons in such cases.

Mr. S.K Rungta, learned counsel for the petitioner has contended
that the memorandum dated November 25, 1986 was issued more than
B
seven years back but so far the decisions taken therein have not been
implemented. Mr. Rungta - (himself visually handicapped) has argued his
case with utmost clarity. Mr. Rungta was fully conversant with all the
relevant annexures to the petition. He referred to the relevant pages in the
bulky paper book with pe'rfect ease. We did not feel even for a moment
C that the case was being argued by a visually handicapped lawyer. Mr.
Rungta's perfo~ance before us amply. proves the point that the visually
handicapped persons can perform the jobs entrusted to them with equal
efficiency;

D The question of giving preference to the handicapped in the matter
of recruitment to the identified posts is a matter for the· Government of
India to decide. The matter is pending for decision with the Government
of India for the last several years. While appreciating various measures
undertaken by the Government to provide useful employment to the hand-
E icapped persons we commend the Government of India to decide the
question of providing preference/reservation to the handicapped in Group
A and B posts as expeditiously as possible.

So far as the claim of visually handicapped for writing the civil
services examinations, ,in Braille-script or with the help of Scribe, is con-
F cenied, we are of the view that their demand is legally justified.

The list of category A and B posts, identified as suitable for the
visually handicapped by the Committee, includes number of posts which
are filled as a result of the civil services examinations. When there are post~
G to which blind and partially-blind can be appointed, we see no ground to
deprive them of their right to compete for those posts along with other
candidates belonging to general category.

Mr. V.K. Cherian, Under Secretary to Government of India, Ministry
of Personnel in his affidavit dated March 10, 1992 filed before this Court
H has stated as under:-
NATIONAL FEDERATION OF BLIND v. U.P.S.C. [Kl[LDIP SINGH,J.] 565

"If there were Group 'A' and 'B' jobs, which could be filled A
up by the blind, the same should also be identified. Once
the jobs were identified, they could be filled up from
among the blind and also other handicapped persons such
as deaf and orthopaedically handicapped ...... Going by the
Report of the Committee and the posts identified by it,
the Union Public Service Commission made the observa-
B
tion that the posts identified as suitable to be held by the
physically handicapped persons, particularly those iden-
tified for the blind are not such which are required to be
filled on the basis of eompetitive examination conducted
by the Commission". c
The observations of the Union Public Service Commission as projected by
Mr. V .K. Cherian in his above quoted affidavit do not seem to be correct.
After going through the list of the posts identified as suitable for visually
handicapped (blind and partially-blind) it is obvious that there are number D
of posts which are required to be filled through the civil services examina-
tion and other competitive examinations conducted by the Commission.
Group A and B posts in the category of Administrative Officers
(Secretarial-Senior) and Administrative Officer (Secretarial-Junior) are
necessarily to be filled as a resultof civil services examination by the Union E
y Public Service Commission. If some of the posts in the Indian Adminisrrac
tive Si;rvice and other Allied Services, as identified by the Committee, can
be filled from amongst the visually handicapped persons then we see no
reason why they should not be permitted to sit and write the civil services
examination. We make it clear that once recruited to the lowest level of
the service the visually handicapped persons shall not be entitled to claim F
promotion to the higher posts in the service irrespective of the physical
~- requirements of the jobs. If in the hierarchy of promotional-posts it is found
by the Government that a particular post is not suitable for the visually
handicapped person he shall not have any right to claim the said post.
G
In the light of the abo 1e discus5ion we partly allow the writ petition
and direct the Government of India and the Union Public Service Com-
mission 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. H
SUPREME COURT REPORTS (1993) 2S.C.R.

A We further direct that they shall be permitted Jo write. the examination in
Braille-script or with the help of a Scribe. There shall be no .orders as to
costS.

S.P.S. Petition allowed partly.

. '