TMI Blog1993 (3) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... vernment 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 or identification of jobs in various Ministries/ Departments and public sector undertakings for the physically handicapped. By an order dated December 30, 1985 the Government of India directed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an 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 ₹ 200 p.m. to 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 has further specified that the visually handicapped (blind and partially blind) are suitable for appointment to the following categories of Group A and B post:- No. in the List Annexed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 constituted a Standing Committee for identification of jobs for the physically handicapped in the Central Government services and Public Sector Undertakings. The Standing Committee on identification of jobs set up a sub-Committee for on-the-spot identification of jobs for the physically handicapped persons in Group A and B posts after making an in depth study of Undertakings as well as in consultation with the concerned authorities. This subCommittee in its Report (submitted to the parent Committee) identified 420 jobs in Group A and Group posts/services alongwith the physical requirements and functional classifications of disabilities indicating what jobs can be held by each category of disabled people and 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 ,given in the matter of recruitment to those posts. A copy of the report of the Committee referred to in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cruitment. 5. The Union Public Service Commission has agreed in principle to give preference to physically handicapped persons in filling identified posts. 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 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 perfect ease. We did not feel even for a moment that the case was being argued by a visually handicapped lawyer. Mr. Rungta s performance before us amply. proves the point that the visually handicapped persons can perform the jobs entrusted to them with equal efficiency. 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... necessarily to be filled as a result of civil services examination by the Union Public Service Commission. If some of the posts in the Indian Administrative Service 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 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. 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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