Karnataka High Court upholds SAT relief to visually impaired woman

Blindness will not come in the way of educationally qualified candidates discharging the duties of a primary school teacher, the Karnataka High Court recently said while directing the State government to consider the application of a visually challenged candidate for the post of social studies teacher..In an order passed on November 11, a Bench of Justices Krishna S Dixit and CM Joshi upheld an order of the State Administrative Tribunal (SAT) that had directed the State last year to consider the application of one Latha HN, a candidate with 100 percent blindness and belonging to the Scheduled caste for the post of a graduate primary teacher (social studies, teaching Kannada). At the time, SAT had directed the State to consider Latha’s application at par with such candidates who were eligible for reserved seats in the category of those facing low vision as per its 2022 recruitment notice.While upholding SAT’s order, the High Court cited the examples of poet John Milton, author Helen Keller, and Indian industrialist Srikanth Bolla, all of whom had achieved great professional success despite being visually challenged.The Court further said that if anything, the State must give greater priority to those with absolute blindness than those with partial blindness, when it comes to granting them reservation in jobs..“The submission of learned High Court Government Pleader (HCGP) that the kind of work which a ‘Graduate Primary Teacher’ (Social Studies, teaching Kannada) does in ordinary course cannot be discharged by persons with absolute blindness, though their educational qualifications do satisfy the Rule requirement, is bit difficult to agree with. As already mentioned above, the 2011 Notification in so many words states “Secondary School Assistant Grade – II, Assistant Master (Arts and Languages)” can be blind candidates. How blindness would come in the way of discharging duties of a teacher of the kind is difficult to appreciate. History is replete with instances of blind people who have achieved great things in life: Homer (900 B.C.) of great epics (Iliad and Odyssey), John Milton (1608-1674) [ Paradise Lost], Louis Braille (1809-1852) [Braille Script], Helen Keller (1880-1968) [women suffrage] & Srikanth Bolla (CEO of Bollant Industries worth £48 million) are only a few to name,” the High Court said..The High Court noted that the State’s 2022 recruitment notice also did not provide any reservation for blind candidates but reserved seats only for those with “low vision.” Therefore, candidates like Latha were deprived of staking a claim for employment, the High Court said while dismissing the State’s appeal.“The authority that be ought to have earmarked some posts for the blind, or in the alternative should have permitted the blind candidates too to be in the fray along with persons of ‘low vision’ for the post in question. An argument to the contrary would offend the laudable policy of the State as enacted in the erstwhile Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the present statute namely, the People with Disabilities Act, 2016. The actions of the State and its instrumentalities falling within the umbrella of Article 12 have to be consistent with such policies statutorily promulgated,” the High Court said..High Court Government Pleader (HCGP) Saritha Kulkarni appeared for the Karnataka government..[Read Order]