C No 655 of 1991
Under Article 32 of the Constitution of India
Santosh Kumar Rungta and RP Gupta for the Petitioner
VC Mahajan Ms Niranjana Singh and Ms A Subhashini for the Respondents
The Judgment of he Court was delivered by KULDIP SINGH J National Federation of Blind a representative body of visually handicapped persons in India has filed this petition under Article 32 of the Constitution of India seeking a writ in the nature of mandamus directing the Union of India and the Union Public Service Commission to permit the blind candidates to compete for the Indian Administrative Service and the Allied Services and further to provide them the facility of writing and civil services examination either in Braille script or with the help of a Scribe
Braille is a system of writing for the blind in which the characters consist of raised dots to be read by the fingers
Further relief sought in the petition is that Group A and B posts in Government and public sector undertakings which have already been identified for the visually handicapped persons be offered to them on preferential basis
The visually handicapped constitute a significant section of our society and as such it is necessary to encourage their participation in every walk of life
The Ministry of Welfare Government of India has been undertaking various measures to utilise the potentialities of the visually handicapped persons
The Central as well as the State Governments have launched several schemes to educate train and provide useful employment to the handicapped
The Central Government has provided reservations to the extent of 3 vacancies in Group C and D posts for the physically handicapped including blind and partially blind
There has been a growing demand from the visually handicapped persons to provide reservations for them in Group A and B posts under the Central Government
The Ministry of Welfare Government of India has a standing Committee or identification of jobs in various Mini striesDepartments and public sector undertakings for the physically hand 559 icapped
By an order dated December 30 1985 the Government of India directed the Standing Committee to undertake the identification of jobs for the handicapped in Group A and B Services under the Government and public sector undertakings
The Committee submitted its report which was published on October 31 1986
Copy of the report has been placed on the record of this petition
In the introduction to the report given by Mr MC Narsimhan Joint Secretary to Government of India and Chairman Stating committee on identification of jobs for handicapped it has been stated as under A Sub Committee which was set up to assist the Standing Committee visited a large number of Public Sector Undertakings and observed people actually working in a variety of jobs and the working conditions in which these jobs are performed
The Sub Committee had detailed discussions with the Chiefs and Senior Officers of the Public Sector Undertakings as also with officers of the Central Government Departments
A fist of the public sector undertakings and the list of the officers of the Undertakings with whom the Sub Committee had discussions is annexed to the report
The Committee after detailed discussions and on the spot study has prepared a comprehensive list of 416 categories in Group A and B posts in Government Offices and Public Sector Undertakings with their jobs descriptions the physical requirement of each group of job and matched them with various categories of disabilities
 The Committee devoted special attention to the visually handicapped
Para 8 of the report which relates to the blind is as under However in the case of the blind the position is somewhat different
Seeing reading writing and movement are essential ingredients of most Government jobs
Therefore a similar approach in respect of blind persons may be difficult
It would not be possible to generalise that blind person can do most jobs as we have found for those with locomotor and hearing disabilities
The Committee found 560 that in higher posts is Government the help of a personal assistant or a stenographer is generally available
But this facility is
not available even in higher posts in public sector undertakings
Wherever this facility is available a blind person may not find it difficult in certain groups of posts to handle the job
It is also possible in relation to other posts where stenographic assistance is not available that some other facilities can be provided to a blind employee
To compensate reading deficiency readers  allowance can be provided to blind employees to enable them to engage a reader
Similarly to compensate for writing deficiency the blind employee should be required to know typing
Adequate knowledge of typing should be prescribed as an essential qualification for blind employees for public employment
Where mobility may also be one of the main ingredients of a job it is difficult to compensate blind employees for this deficiency
The Committee would also emphasise that the blind employee should be fully responsible for the duties assigned to them despite the provision of reader s allowance and typing skill
The Committee would also suggest that the maximum reader s allowance should be limited to Rs200 pm to blind employees recruited to Group A and B post  The Committee has identified about 416 categories of Group A and B posts which are suitable for the handicapped
The Committee has further specified that the visually handicapped blind and partially blind are suitable for appointment to the following categories of Group A and B post No in the List Category of Group Annexed to the Post Report 178 to 187 Hindi officers A  B 191 to 192 Job Analyst A  B 193 to 199 Labour Welfare Officers A  B 200 to 209 Law Officers A  B 561 237 to 242 Personal Assistants B 243 to 256 Personnel Officers A  B 279 to 291 Public Relations Officers A  B 295 to 317 Research Officers A  B 354 to 363 Training Officers A  B 364 to 376 Administrative Officer Non Secretarial A 377 to 384 Administrative Officers Secretarial Sr A 385 to 401 Administrative Officers Secretarial Junior A  B 409 Asstt
Admin
Officer We have only quoted the list of categories from the report to illustrate the point that the Committee appointed by the Government has in its report identified certain categories of posts to which the blind and the partially blind can be appointed
Government of India Through Ministry of Personnel issued office memorandum dated November 25 1986 wherein it accepted the report of the Committee and took a policy decision that in respect of the posts identified by the Committee the handicapped persons shall be given preference in the matter of recruitment to those posts
The office memorandum is re produced hereunder No
F36034486 EsttSCT Government of India Ministry of Personnel Public Grievances  Pensions Department of Personnel  Training   
New Delhi the 25th November 1986 OFFICE MEMORANDUM Subject Identification of jobs for the physically handicapped persons in Groups A  and B  posts filled by direct recruitment in the Central Government services and Public Sector Undertakings
562 The undersigned is directed to say that with a view to effecting optimum utilisation of potentialities of physically handicapped which constitutes a significant section of the population in the country the Ministry of Welfare constituted a Standing Committee for identification of jobs for the physically handicapped in the Central Government services and Public Sector Undertakings
The Standing Committee on identification of jobs set up a sub Committee for on the spot identification of jobs for the physically handicapped persons in Group A and B  posts after making an in depth study of Undertakings as well as in consultation with the concerned authorities
This subCommittee in its Report submitted to the parent Committee identified 420 jobs in Group A  and Group postsservices alongwith the physical requirements and functional classifications of disabilities indicating what jobs can be held by each category of disabled people and with what disability
It has been decided that in respect of identified posts which can be held by physically handicapped persons preferences to physically handicapped persons will be given in the matter of recruitment to those posts
A copy of the report of the Committee referred to in para 1 is enclosed for information guidance and necessary action
The list of jobs identified by the Committee on suitable for being held by physically handicapped persons is not exhaustive
The MinistriesDepartments can further supplement the list based on their knowledge for jobs requirements essential qualifications etc
The MinistriesDepartments after identifying all the posts which can be held by physically handicapped persons may inform the UPSC at the time of sending their requisitions for filling vacancies in respect of those posts that preference is to be given to physically handicapped persons in the matter of recruitment
The UPSC have agreed in principle to give preference to physically handicapped persons in filling the identified posts
The Depart 563 ment of Personnel and Training will be issuing general instructions to enable preference being given to the physically handicapped persons in such cases
The Ministry of Finance etc
are requested to bring these instructions to the notice of all concerned
Sd BATA K DEY DIRECTOR JCA  From the office memorandum quoted above it is obvious that the Government of India has taken the following policy decisions to implement the Committee report 1
The Government of India has taken cognizance of the fact that the Standing Committee on identification of jobs through its Sub Committee has identified 420 jobs in Group A and Group B postsservices along with the physical requirements and functional Classifications of disabilities indicating what jobs can be held by each category of disabled people and with what disability
The decision has been taken that in respect of identified posts which can be held by physically handicapped persons preference to physically handicapped persons will be given in the matter of recruitment to those posts
The list of jobs identified by the Committee is not exhaustive the MinistriesDepartments can further supplement the list based on their knowledge of job requirements essential qualifications etc
The MinistriesDepartments after identifying all the posts which can be held by physically handicapped persons may inform the Union Public Service Commission at the time of sending their requisitions for filling vacancies in respect of those posts that preference is to be given to physically handicapped persons in the matter of recruitment
The Union Public Service Commission has agreed in principle to give preference to physically handicapped persons in filling identified posts
564 6
The Department of Personnel and Training will be issuing general instructions to enable preference being given to the physically handicapped persons in such cases
Mr SK Rungta learned counsel for the petitioner has contended that the memorandum dated November 25 1986 was issued more than seven years back but so far the decisions taken therein have not been implemented
Mr Rungta himself visually handicapped has argued his case with utmost clarity
Mr Rungta was fully conversant with all the relevant annexures to the petition
He referred to the relevant pages in the bulky paper book with perfect ease
We did not feel even for a moment that the case was being argued by a visually handicapped lawyer
Mr Rungta s performance before us amply
proves the point that the visually handicapped persons can perform the jobs entrusted to them with equal efficiency
The question of giving preference to the handicapped in the matter of recruitment to the identified posts is a matter for the Government of India to decide
The matter is pending for decision with the Government of India for the last several years
While appreciating various measures undertaken by the Government to provide useful employment to the handicapped persons we commend the Government of India to decide the question of providing preferencereservation to the handicapped in Group A and B posts as expeditiously as possible
So far as the claim of visually handicapped for writing the civil services examinations in Braille script or with the help of Scribe is concerned we are of the view that their demand is legally justified
The fist of category A and B posts identified as suitable for the visually handicapped by the Committee includes number of posts which are filled as a result of the civil services examinations
When there are posts to which blind and partially blind can be appointed we see no ground to deprive them of their right to compete for those posts along with other candidates belonging to general category
Mr VK Cherian Under Secretary to Government of India Ministry of Personnel in his affidavit dated March 10 1992 filed before this Court has stated as under 565 If there were Group A  and B  jobs which could be filled up by the blind the same should also be identified
Once the jobs were identified they could be filled up from among the blind and also other handicapped persons such as deaf and orthopaedically handicapped
Going by the Report of the Committee and the posts identified by it the Union Public Service Commission made the observation that the posts identified as suitable to be held by the physically handicapped persons particularly those iden tified for the blind are not such which are required to be filled on the basis of competitive examination conducted by the Commission 
The observations of the Union Public Service Commission as projected by Mr VK Cherian in his above quoted affidavit do not seem to be correct
After going through the list of the posts identified as suitable for visually handicapped blind and partially blind it is obvious that there are number of posts which are required to be filled through the civil services examination and other competitive examinations conducted by the Commission
Group A and B posts in the category of Administrative Officers Secretarial Senior and Administrative Officer Secretarial Junior are necessarily to be filled as a result of civil services examination by the Union Public Service Commission
If some of the posts in the Indian Administrative Service and other Allied Services as identified by the Committee can be filled from amongst the visually handicapped persons then we see no reason why they should not be permitted to sit and write the civil services examination
We make it clear that once recruited to the lowest level of the service the visually handicapped persons shall not be entitled to claim promotion to the higher posts in the service irrespective of the physical requirements of the jobs
If in the hierarchy of promotional posts it is found by the Government that a particular post is not suitable for the visually handicapped person he shall not have any right to claim the said post
In the light of the above discussion we partly allow the writ petition and direct the Government of India and the Union Public Service Commission to permit the visually handicapped blind and partially blind eligible candidates to compete and write the civil services examination which is ordinarily held yearly by the Union Public Service Commission
566 We further direct that they shall be permitted to write the examination in Braille script or with the help of a Scribe
There shall be no orders as to costs
SPS Petition allowed partly


Summary:
The appellant along with others was tried for offences under Section 302 read with Sections 148 149 and 323 of the Indian Penal Code
The case of the prosecution was that on 16980 Mammed Kutty at 600 am in the morning pelted stones at the house of the deceased
At about 1200 noon while Mammed Kutty and his brother Abdulla Kutty were passing in front of the house of the deceased a protest was made by the deceased in respect of the morning incident which was denied
At about 200 pm when the deceased was sitting with his wife PW 4 and others on the varandah of his house 5 persons including the appellant came to his courtyard and challenged him to come out if he wanted to beat Mammed Kutty and Abdulla
The deceased stepped out into his courtyard and asked the accused persons not to create a scene when the appellant and the other accused gave some blows to the deceased on his hand
Thereafter the deceased raised his hand to give a blow to the appellant when the appellant took out a dagger from his waist and gave an injury on the upper part of the chest of the deceased near the left shoulder and above the armpit
The deceased ran towards the house of PW1 and fell on the varandah
Therefore the accused persons escaped
The victim was removed to the Medical Hospital where he was examined by PW 9 but soon thereafter expired
The FIR was lodged at 715 pm and after investigation the chargesheet was submitted against the five accused persons
At the trial the prosecution examined 4 eye witnesses PW1 to PW4 and PW8 the doctor who held the post mortem examination
693 The trial court on consideration of the materials on record came to the conclusion that the charges leveled against the accused persons had not been established beyond all reasonable doubt and on that finding acquitted all the accused including the appellant
Great importance was attached to the injury found on the person of Abdulla and adverse inference was drawn against the prosecution case
On appeal by the State the High Court convicted the appellant under Section 302 and sentenced him to undergo rigorous imprisonment for life
Another accused Alavi was convicted under Section 323 of the Penal Code and sentenced to payment of fine of Rs 250
The acquittal of the remaining 3 accused persons by the Trial Court was affirmed
The High Court held that mere non disclosure of the superficial injuries on the person of Abdulla even if those injuries had been caused in the same occurrence do not in any manner affect the persecution case
In the appeal to this court it was contended on behalf of the appellants that the statements made in the First Information Report the evidence of the eye witnesses in connection with the morning incident of pelting of stones show that it was a concoction and that none had pelted any stone on the house of the deceased and that if this part of the prosecution case is disbelieved then it has a bearing on the main occurrence itself
It was further submitted that the prosecution had suppressed the real manner of occurrence in as much as Abdulla was first assaulted by the prosecution party on the same day at about 130 pm and that he was hospitalised after receiving the injuries reliance being placed on the evidence of DW1 who had stated that he had examined the injuries on the person of Abdulla on 16980 at 430 pm
Allowing the appeal in part this Court HELD1
It is well settled that if the evidence of the eye witnesses is held to be reliable and inspires confidence then the accused cannot be acquitted solely on the ground that some superficial injuries found on the person of the accused concerned had not been explained by the prosecution
696 H In the instant case so far as the four eye witness are concerned they have been named in the FIR
The FIR was lodged at 715 pm the same evening within two hours of the death of the victim
The FIR mentions the 694 details of the occurrence and the version disclosed therein had been supported by the eye witness before the Court
No reason has been shown as to why the evidence of these PWs should not be accepted
697 C 2The prosecution has admitted that the accused persons were not carrying any weapon in their hands and during the protest made a sudden quarrel and fight took place between the prosecution party and the accused persons
This part of the version had been admitted at the trial by the eye witnesses in their evidence who also stated that first the appellant and the other co accused gave blows on the hand of the deceased and that the knife blow was given by the appellant when the deceased was trying to give a counter blow to the appellant
697 F In view of the admitted position that a sudden right and quarrel preceded the giving of the knife blow by the appellant to the victim which in all probability was given not while the victim and the appellant were standing face to face but during struggle between them causing tailing of the injury it shall not be just and proper to hold that the appellant had an intention to cause the death of the victim but only knowledge that injury which he was causing was likely to cause death
In such a circumstance it is not possible to uphold the conviction of appellant under Section 302 of the Indian Penal Code
It is therefore set aside and the appellant convicted under Section 304 Part 11 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years
697 H698 A C