Special Provisions in the IAS and Allied Services Examinations

National Federation of Blind vs. Union Public Service commission and Ors

Filed Under: Articles 21 and 32 of the Constitution of India, 1950
Appellant: National Federation of Blind
Respondent: Union Public Service commission and Ors.
Citation: (1993) 2 SCC 411
Court: In the Supreme Court of India
Judges: Kuldip Singh and N.M. Kasliwal

The National Federation of Blind filed this writ petition demanding that the UPSC permit them to compete for the Indian Administrative Service and the Allied Services.

Facts

The National Federation of Blind - a representative body of visually handicapped persons in India - filed this petition seeking a writ that would direct the UPSC and the UOI to permit the blind candidates to compete for the Indian Administrative Service and the Allied Services.

It was further contended that these candidates should be provided with the facility of writing the Civil Service Examination either by Braille-script or with the help of a scribe. Further, relief was sought in the petition that the posts in Group 'A' and 'B' that had been identified for the visually handicapped should be offered to them on a preferential basis.

According to the UPSC, the Central Government had provided reservations to the extent of 3% in Group 'C' and 'D' for the physically handicapped including the blind and the partially blind.

With respect to the Group 'A' and 'B', the Ministry of Welfare, had directed the standing committee to identify posts in various Ministries/Departments and public sector undertakings for the physically handicapped. The Committee had submitted the report and had identified about 416 categories in Group 'A' and 'B' which were suitable for the handicapped.

In response to this petition, the UPSC filed an affidavit stating that the posts identified as suitable for the physically handicapped persons (particularly those identified as blind) were such that they did not need to be filled on the basis of the competitive examination conducted by the Commission.

Observations of the Court:

The Court examined the arguments extended by both the parties, along with the report published by the committee appointed, for the purpose of identification of posts in various Government ministries and organizations for the physically handicapped individuals.

The Court stated that the Government of India should decide the question of providing reservation /preference to the handicapped in Group 'A' and 'B' posts as fast as possible. The Court also contended that there were many posts that had been identified as suitable for the visually handicapped individuals and many such posts could be filled up as a result of the Civil Service Examination.

According to the Court, when there were posts to which the blind or partially blind could be appointed, there was no reason why such individuals should be deprived of a chance to compete with other candidates belonging to the general category.

However, the Court also stated that once recruited to the lowest level of service, the visually handicapped persons would not be entitled to claim promotion to higher posts of the job irrespective of the physical requirements of the job. The Court also made reference to the fact that the lawyer on behalf of National Federation of Blind was himself a visually handicapped person who had argued his case with utmost clarity.

According to the Court, not even once had the Judges felt that a visually handicapped lawyer was arguing the case. This, according to the Court proved the point that visually handicapped people could perform jobs entrusted to them with equal efficiency.

In light of this discussion, the Court directed the Government of India and the UPSC to permit the visually handicapped (blind and partially blind) eligible candidates to compete and write the civil services examination. The court further directed that such individuals should be permitted to write the examination in Braille-script or with the help of a scribe.

Sections Referred:

Articles 21 and 32 of the Constitution of India, 1950