Once again, the High Court of Karnataka stood up for and protected the employment rights of the blind and persons with low vision. A Division Bench consisting of Chief Justice Kehar and Justice Ashok B. Hinchgiri recently heard several petitions filed by Akhila Karnataka Andha Shikshakarugala Sangha AKAS and National Federation of the Blind (NFB) challenging Karnataka Government Notifications which excluded the blind and low vision persons from being selected for the post of primary school teachers. The series of petitions were allowed in terms of the previous Order of the High Court on 29 June 2007. This requires the Government to immediately select and appoint the blind and persons with low vision for teaching posts under the notifications.
For the first time a Division Bench of the Karnataka High Court passed a positive judgment on the rights of blind and low vision persons to be considered eligible for the post of primary school teachers in Karnataka. It further directed the Government to reserve 1% of such posts for the blind and persons with low vision. This judgment is now acting as a guide to subsequent petitions which seek for the protection of employment rights of the visually challenged. These judgments are active voices in the protection and development of the rights of persons with visual impairment. CLPR has not only represented the disability groups in the petitions but is also constantly monitoring the response of the Government in complying with the Orders of the Court.
An interesting prayer in one of the petitions recently filed concerned the challenge on the Government’s identification of posts as suitable for persons with disabilities. Under Section 32 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 , the Karnataka Government issued a Notification dated 29.11.2002 which identifies jobs suitable for persons with disabilities. However, the jobs identified for the blind and persons with low vision are far from adequate; additionally, the government has failed to review the identification list every three years as required under Section 33 of the PWD Act, 1995. The Division Bench judgment dated 29 June 2007 made the following observation on the identifying Notification:
“…The Notification dated 29-11-2002 on which the State Government is falling back is only a Notifcation under Section 32 and not under Section 33 of the PWD Act. Besides the said Notification itself reveals that a Committee was constituted to identify the posts that can be filled up by the PWDs on 4th June, 1998. These recommendations are gazetted in November, 2002 and made applicable for recruitment in 2005. This, in our considered view, is not in compliance with the statutory requirement under Section 32(b) of the PWD Act…In the instant case, there has been no periodic review, no updating whatsoever…This Writ Petition highlights a lack of sympathetic consideration for the PWDs. The State Government is therefore liable to be commanded by a direction to carry out its statutory obligations under Section 32 and 33 of the PWD Act within a definite time frame…
…The submissions on behalf of the Government regarding the Notification dated 29-11-2002…identifying the posts for disabled persons providing for reservation to the visually impaired is to be considered…The posts of teachers in language and core subjects are not set apart for persons with complete blindness and low vision. This kind of exclusion from certain posts is not permissible unless the Government reviews the list of posts identified at periodical intervals not exceeding three years…It is high time that the Government brings its Notification in conformity with Statutes and Rules framed thereunder…”
In accordance with the above observations, the Government is required to bring the Notification dated 29-11-2002 in conformity with Section 32 and 33 of the PWD Act, 1995. In light of this, the recent directions of the High Court obligate the Government to review the list of posts for the blind and persons with low vision.
It was in 2007 that for the first time a Division Bench of the Karnataka High Court presided by Justice Chidanand Ullal and Justice Ashok B. Hinchgiri passed a positive judgment on the rights of blind and low vision persons to be considered eligible for the post of primary school teachers in Karnataka. Ruling on the petition filed by AKAS, the Bench refused all attempts of the Government to justify such exclusion and directed the authorities to hold a special recruitment for persons with disability to make good the shortfall of 5% reservation of the posts for such persons. The High Court further directed the Government to reserve 1% of such posts for the blind and persons with low vision. This judgment is now acting as a guide to subsequent petitions which seek for the protection of employment rights of the visually challenged.
These judgments are active voices in the protection and development of the rights of persons with visual impairment. CLPR has not only represented the disability groups in the petitions but is also constantly monitoring the response of the Government in complying with the Orders of the Court.
