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cIuL apt eumre
I.A. No. 5 tzotsTin
CIVIL APPEAL NO.39 1012009
In the matter of
Selection Authority and Deputy Director
Department of Public Instructions and Ors'
Versus
Akhila Karnataka Andha Shikshayugala
Kshemabhibriddhi Sangha and Ors.
..... .. Petitioners
..., Respondents
Application
l2aL5No.1 for Directions
(PAPER BOOK)
FOR INDEX KINDLY SEE INSIDE
ADVOCATE FOR PETITIONER: RUKHSANA CHOUDHURY
I.A. NO,
by Respondent
I
JrN THE SUPREME COURT OF TNDIA
CIVIL APPELLATE JURISDICTTON
I.A. NO.
IN/zOLs
CIVIL APPEAL No. 39LO/2OO9
In the matter of:
Selection Authority and Deputy DirectorDepartment of Public Instructions and Ors .., PETITIONERS
VERSUS
Akhila Karnataka Andha ShikshayugalaKshemabhibriddhi Sangha and Ors ... RESPONDENTS
APPLICATION BY RESPONDENT NO. 1 FOR DIRECTIONS
To
The Hon'ble Chief Justice of India
and His Companion Justices of the
Hon'ble Supreme Court of India
The humble Petition of the
Applicant above named
MOST RESPECTFULLY SHOWETH: -
i. tn the present Special Leave Petition, the Petitioners have
challenged Order dated 29.06.2007 in W.P. .1639612006
passed
by the Division Bench of the Hon'ble High Court of Karnataka,
wherein directions were issued to the State Government of
Karnataka to hold a special recruitment for persons with visual
disabilities to the post of Primary School Teachers, in order to
fill the 5olo r€servation of posts for persons with disabilities. It
was also directed that out of the 5olo reservation, 1olo Of the
vacancies should be allocated to persons with visual
impairment.
i,.
2. It is submitted that when the above order was passed, the
posts of primary school teachers were not identified as being
suitable for persons with visual disabilities being persons with
blindness or low vision. Due to this non-identification, these
posts .were not reserved for the visually impaired. The
,,,,Fetitioners were thus contending that the post of Primary
School Teachers cannot be filled by persons with blindness or
persons with low vision as such candidates are not able to do
the job required of such posts. Such non-identification of these
posts for perosns with visual impairment was illegal and
a rbitra ry.i
3. Subsequently however, since after the filing of the present
petition, the State Government of Karnataka has of its own
identified the post of Primary School Teachers as suitable for
persons with blindness and low vision. It is submitted that
Notification No. DPAR 50 SRR 2007, dated 26.07.201L and
Notification dated 4.8.20L2, issued by the Government of
Karnataka identified the following posts of teachers to be
suitable for persons with blindness and low vision:
(i) Primary School Music Teacher
(ii) Secondary School Assistant Grade II,
(iii) Assistant Masters (Arts, Languages)
(iv) Assistant Masters (General, English, Hindi)
(v) Special Teacher Grade -II,(vi) Drama teachers
(vii) Dance Teachers
(viii) Music Teachers
A true copy of thq noffication No' DPAR 50 SRR 2OO7 ' dated
26.0T.TollissuedbytheGovernmentofKarnatakaisannexed
hereto and marked ANNEXURE A/1' (w- ?'t o \
AtruecopyofthenotificationbearingNo.DPAR54SRR20t2
dated 04.08.2012 issued by the State Government of
,Karnataka is annexed as ANNEXURE A/2' LfWxo- !'l=t2')
4.Inadditiontotheabovenotifications,theStateGovernmentof
Karnatakahasmu.tatismutandisadoptedthelistofGroupA,B,
CandDpostsidentifiedbytheCentralGovernmentforpersons
withdisabilities'ByNotificationbearingNo.DPARLTgSRR
2o :2dated0T.0g,2ot2,theStateGovernmentofKarnataka
has under the powers conferred upon it by sub-section (a) and
(b)ofSection32ofthePersonswithDisabilities(Equal
opportunities, Protection of Rights and Full Participation) Act'
1995(hereinafterreferredtoasthe..PWDAct,,)andsubrule
1(A)ofrulegoftheKarnatakaCivilservices(General
Recruitment)Rules,lgTT,adoptedthelistofGroupAandts
postsidentifiedbytheCentralGovernmentforpersonswith
disabilities under Notification dated 18'01 '2007 '
'AtruecopyoftheNotificationbearingno.DPARlTgSRR2012
datedoT,og.2ol2issuedbytheGovernmentofKarnatakais
annexed hereto as ANNEXURE A/3' (F&-* * lZ- 6)
.AtrueqopyoftheNotificationoftheCentr.alGovernmentdated
18.1.2007 is annexed herero as ANNEXURE A/4.(3ru"-f L*a)
5. In another similar notification
dated 09.10.20L2, the Posts
persons with disabilities bY
bearing no. DPAR 179 SRR ?0L2'
identified in GrouP C and D for
the Central Government under
1Notification dated 15.03.2007 has been adopted by the State
Government of Karnataka. A true copy of the Notification
bearing no. DPAR 179 SRR 20L2, dated 09.10.2012 issued by
the Government of Karnataka is annexed as eruneXUnE A /-s.?P?e-(P-u)
The Notification of the Central Government dated f S.:.ZOOZ is
annexed as ANNEXURE A/6. [a^a** -2Q-A9
6. The above Central Government Notifications being Notification
No. 16-70 /2004-DDIII dated 18.01 .2007 and Notification dated
L5.3.2007 issued by the Ministry of social Justice and
Empowerment had identified the following relevant Group B
posts to be suitable for persons with blindness and low vision:
(i) Teacher (Sr. Master, Sr. Master (Craft),
(ii) Sr. Master (PE), Sr. Optr (Tp & Tlx),
(iii) Teacher,
(iv) Head Master LSS and Instructors')
(v) Middle School Teacher (for all subjects),
(vi) PrimarY School Teachers,
(vii) Infant School Teachers t '
(viii) Teacher for Blind/Low Vision'
The above named posts have been mutatis mutandis adopted
by the Appellant Government of Karnataka and are identified to
be reserved for persons with blindness and low vision.
7, It is therefore submitted that therefore in light of the above
developments, wherein the Petitioner State Government has in
fact identified posts of the various categories of Primary School
Teachers as being suitable for persons with blindness/low
vision, its claim in the present petition that the post of Primary
school Teacher is not suitable for persons with blindness is
therefore without any legal basis and this petition is therefore
rendered infructuous'
B.Itisfurtherpertinenttonotethatseveralordershavebeen
passed later on by the Hon'ble High Court of Karnataka in
subsequent petitions' reiterating that posts of teachgrs be
identifiedandreservedforpersonSwithblindnessandlow
vision.InAkhitaKarnatakaAndhaShikshakarugala
KshemabhibriddhisanghavStateofKarnatakaandorsbearing
W.P.NoL6332l2O07'theHon'b[eHighCourtofKarnatakavide
orderdated23.oS,20llissueddirectionsakintotheorder
impugned in the present appeal' that there should be
reservationforandrecruitmentofpersonswithblindnessand
-^^u^ a( I teachers' Due tolow vision for the posts of primary school
pendency of the present appeal however' it was caveated that
the..instantorderpassedbythisCourtshattbesubjecttothe
decisionrenderedbytheSupremeCourtinCivilAppealNo,
25587/2007",
Acopyoftheorderdated23.s.2allpassedbytheHighCourt
ofKarnatakaatBangaloreinW.P.No.t6332l2ooTisannexed
hereto as ANNEXURE A/7' fP\*uo-31 -=?)
g.Despitethefactthatnostayorderhasbeengrantedbythis
Hon'ble Court, taking advantage of the pendency of this appeal'
no visually impaired candidates are being appointed to the post
ofprimaryschoo|teachers,eventhoughthespecialrecruitment
drive as directed by the Hon'ble High court of Karnataka has
beenconducted.Similarcourtordersforidentificationand
reservationofsuitablepostsandrecruitmentofpersonswith
blindness and low vision to the
teachers, are also not being
Petitioner/State Govern ment'
bposts of Primary school
implemented bY the
10. The petitioner is deriberatery proronging this litigation so
as to avoid complying with the order of the Hon'ble High cciurt
of Karnataka. More than 8 years have passed and the
recruitmentoftheyear2ooTwhichisthesubjectmatterofthis
petition, has been stalled, causing grave prejudice and
immensehardshipandinjusticetovisuallyimpairedcandidates
in Karnataka who are qualified and eligible to be appointed as
primarY school teachers'
PRAYER
Inviewoftheabovefactsanddevelopments,itisprayed
that this Hon'ble Court may be pleased to:
(a,) Issue appropriate directions to the petitioner to complete
allpendingrecruitmentsandappointpersonswithblindness
andlowvisiontothepostsofprimaryschoolteachers,in
accordancewiththeabovementionedgovernment
Notifications issued by it, within 3 months; and
(b.) Dispose off the present appeals in terms of directions
issued in terms of prayer (a') above;
(c.)PasssuchotherordersasthisHon.bleCourtmaydeemfit
and proper in the facts and circumstances of the case'
FILED BY
DRAWN oN : at' o9 '2frt {FILED ON 28.10.2015
Rukhsana ChoudhurYAdvocate for ResPondent