Case Note & Summary
The National Federation of Blind filed a writ petition under Article 32 of the Constitution of India, seeking permission for visually handicapped candidates to compete for the Indian Administrative Service and Allied Services, and to write the civil services examination in Braille or with the help of a scribe. The petition arose from the government's failure to implement a memorandum issued in 1986, which identified suitable posts for visually handicapped individuals and recommended preferential treatment in recruitment. The court noted that the visually handicapped constitute a significant section of society and emphasized the need for their inclusion in civil services. The Ministry of Welfare had previously undertaken measures to utilize their potential, including a 3% reservation in Group C and D posts. The court found that the government had identified 416 suitable posts for the visually handicapped but had not implemented the decisions for seven years. The petitioner argued that the memorandum had not been acted upon, and the court acknowledged the counsel's effective representation despite his visual handicap, demonstrating that visually handicapped persons can perform jobs with equal efficiency. The court held that the government should decide on providing preference/reservation for the handicapped in Group A and B posts. It also clarified that visually handicapped candidates should be allowed to compete in civil services examinations, as there were identified posts suitable for them. The court directed the government and the Union Public Service Commission to permit visually handicapped candidates to write the examination in Braille or with a scribe, while also stating that once recruited, they would not have a right to claim promotions to higher posts deemed unsuitable for them. The petition was partly allowed with no orders as to costs.
Headnote
A) Constitutional Law - Right to Compete - Visually handicapped persons' right to compete for civil services - Article 32 of the Constitution of India - The court recognized the necessity for visually handicapped individuals to participate in civil services and directed the government to allow them to write examinations in Braille or with a scribe. Held that their demand is legally justified as they can perform jobs with equal efficiency (Paras 564-566).
Issue of Consideration
Whether visually handicapped persons have the right to compete for civil services and the justification for writing the examination in Braille or with the help of a scribe.
Final Decision
The court partly allowed the writ petition, directing the government and UPSC to permit visually handicapped candidates to compete and write civil services examinations in Braille or with a scribe.
Law Points
- Right to compete
- Writ of mandamus
- Equal efficiency
- Reservation policy
- Identification of jobs
