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