NATIONAL FEDERATION OF BLIND versus UNION PUBLIC SERVICE COMMISSION AND OTHERS

NATIONAL FEDERATION OF BLIND versus UNION PUBLIC SERVICE COMMISSION AND OTHERS

Visually handicapped eligible candidates are legally entitled to compete and write civil services examinations conducted by UPSC, using Braille-script or a scribe for identified posts; implementation of preference/reservation for handicapped in Group A and B posts is at the discretion of the Government.

Parties
Petitioner: National Federation of Blind; Respondent: Union Public Service Commission; Respondent: Union of India
Jurisdiction
India
Judgment Date
23 March 1993
Procedural Posture
Writ Petition (civil) No. 655 of 1991 / Final Judgment
Outcome
Petition allowed partly
Legal Topics
Reservation for Physically Handicapped, Right to Compete in Civil Services, Accessibility in Examination, Preference in Recruitment
Constitutional Law Administrative Law Disability Law Employment Law Reservation for Physically Handicapped Right to Compete in Civil Services Accessibility in Examination Preference in Recruitment

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Parties

National Federation of Blind

Petitioner

Union Public Service Commission

Respondent

Union of India

Respondent

Procedural Posture

Writ Petition (civil) No. 655 of 1991 / Final Judgment

Legal Issues

  1. 1 Whether visually handicapped persons are entitled to compete for civil services and write examinations in Braille-script or with the help of a scribe
  2. 2 Whether visually handicapped candidates are entitled to preference/reservation in Group A and B posts
  3. 3 Entitlement to claim promotion to higher posts not suitable for visually handicapped

Ratio Decidendi

Visually handicapped eligible candidates are legally entitled to compete and write civil services examinations conducted by UPSC, using Braille-script or a scribe for identified posts; implementation of preference/reservation for handicapped in Group A and B posts is at the discretion of the Government.

Court Disposition

Petition allowed partly

Orders

  • Government of India and UPSC to permit visually handicapped (blind and partially-blind) eligible candidates to compete and write civil services examination conducted by UPSC
  • Visually handicapped candidates permitted to write the examinations in Braille-script or with the help of a scribe