Holding

The Board’s rejection of the visually‑impaired applicant was arbitrary and violated Articles 14 and 16, entitling her to sit for the examination and be appointed if selected.

Summary

The Banking Services Recruitment Board advertised for Probationary Officer posts requiring a graduate degree and age 21‑30. A visually‑impaired applicant, who satisfied both criteria, applied but her application was rejected on the ground that blind candidates were not recruited for the post. She filed a writ petition under Article 32 alleging violation of Articles 14, 16, 19 and 21 of the Constitution. The Court held that the Board’s refusal was arbitrary, illegal and violative of Articles 14 and 16, noting that the advertisement made no disability restriction and that the applicant had been issued an admit card for a similar exam elsewhere. Relying on National Federation of Blind v. UPSC and a subsequent Government Notification identifying the post as suitable for the visually impaired, the Court allowed the petitioner to appear for any forthcoming examination as a general or reserved candidate, with age relaxation. The writ petition was disposed with these directions.

Issues considered

The rejection of a visually‑impaired applicant for the Probationary Officer post violates Articles 14 and 16 of the Constitution.
Whether the Probationary Officer post is suitable for visually‑impaired persons under government policy.
Whether the applicant is entitled to sit for the examination as a general candidate or as a reserved candidate.
Whether the age limit should be relaxed due to the prolonged pendency of the petition.

Legislation cited

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995s. 32, s. 33, s. 38, s. 42, s. 47

Subjects

Article 14Article 16Article 19Article 21disability discriminationreservationbanking recruitmentProbationary Officerequal opportunityPersons with Disabilities Actvisual impairment

Judgment

AM!TA A
V.

UNION OF INDIA AND ORS.

AUGUST II, 2005
B
[Y.K. SABHARWAL, D.M. DHARMADHIKARI AND
TARUN CHATTERJEE, JJ.]

Constitution of India-Articles 14 and 16-Banking Services Recruit-_
ment Board inviting applications for post of Probationary Officers stipulating
eligibility conditions of a graduate and age limit-Rejection of application c
by the Board of a visually . impaired applicant on the ground that the posts
were riot identified for visually handicapped candidates-On a Writ Petition
under Article 32 of the Constitution-Held, the action of the Board in
rejecting the application of a usually impaired applicant, who satisfied the
eligibility conditions, was arbitrary and violative ofArticles 14 and 16 of the D
Constitution - Jn view ofsubsequent Government Notification ident!fYing the
post of Probationary Officers as suitable for usually impaired persons, the
writ petition is disposed of with observations.

Banking Services Recruitment Board issued a newspaper
advertisement inviting applications for the post of Probationary Officers E
in a Public Sector Bank. According to the advertisement, the applicants
should be a graduate from a recognised University and within a prescribed
age limit. Writ Petitioner, who satisfied both the conditions, submitted
her application but it was rejected by the Board on the ground that she
is a visually impaired lady. The petitioner filed a Writ Petition before the F
Court under Article 32 of the Constitution challenging the action of the
respondents.

The writ petitioner contended that the action of the Board in rejecting
the application was err~neous since the advertisement inviting applications
stipulated only the qualification of graduation and age limit: and hence, G
the denial of opportunity to her on the ground of being a visually impaired
lady violated Articles 14, 16, 19 and 21 of the Constitution of India.

The respondents contended that the application of the writ petitioner
was rejected on the ground that the post of Probationary Officer was not H
565
566 SUPREME COURT REPORTS [2005] SUPP. 2 S.C.R.

A earmarked for visually impaired persons as per the Government of India
Notifications; that the duties of a Probationary Officer of a Bank are very
exhaustive, complex and difficult requiring greater alertness, presence of
mind and maximum utilisation of the physic:al and mental faculties of a
person; and that, owing to nature of various duties of a Probationary
B officer in a Bank, a person of visual deficiency would not prove to be
effective,and likely to commit losses to the banking institutions as well as
public money.

Disposing of the Writ Petition, the Court

C HELD: I.I. The writ petitioner has satisfied the two conditions viz.
graduation degree and age limit. Therefore, there is no reason for refusal
to give such opportunity to the writ petitioner to write the examination
by the Board. The fact of the grant of admit card to the writ petitioner
by the Board in another recruitment would clearly show that the writ
D petitioner could not be thrown out on the ground that she was visually
impaired lady. The order passed by the Board rejecting the application
of the writ petitioner was erroneous, illegal and invalid in law and therefore
cannot be sustained. (569-D, E)

National Federation of Blind v. Union Public Service Commission &
E Ors., (1993) 2 SCC 411, relied on.

1.2. Article 14 of the Co,nstitution of India was infringed for denial
of permission to the writ petitioner to sit and write the examination.
There is discrimination by the respondents between the writ petitioner
F and persons who are substantially in similar circumstances or conditions.
Therefore, the rejection of the application by the respondents was not on
reasonable grounds and was arbitrary and violative of Article 14 of the
Constitution which is a fundamental right of every citizen to be treated
equally. [572-D, G]

G 1.3. The primary object, which is guaranteed by Article 16(1) of the
Constitution, is equality of opportunity and that was violated by the
Board by debarring the writ petitioner from appearing in the examination
on the mere fact of disability whi_s:h was not mentioned in the advertisement
and which according to the writ petitioner is not an impediment for the
H post. The writ petitioner, without asking for any favour, had applied for
AMITA v. U.O.l. [CHATTERJEE, J.] 567

writing the examination for selection not as a reserved handicapped A
candidate but as a general candidate. Hence, the action of the Board was
arbitrary, baseless and was in violation of the right of the writ petitioner
Under Article 16(1) of the Constitution. [573-H; 574-A, B]

1.4. In view of the subsequent Government Notification in May 2001 B
that the post of Probationary Officers has been icientified as suitable for'
visually handicapped persons and in view of the specific stand taken by
the Union of India in their written submissions and affidavits and
considering the fact that the writ petition was pending for more than four
years, age restriction, so far as the writ petitioner is concerned, shall
stand relaxed. If the writ petitioner chooses to appear as a general C
candidate to sit and write any forthcoming examination as a Probationary
Officer of the Bank, she will be entitled to do so. If selected, she may be
appointed as Probationary Officer subject to her satisfying the other
terms and conditions for appointment in the said post. If the writ petitioner
writes the examination as a reserved candidate that is to say on the D
visually impaired seat, if there be any, and she succeeds in the said
examination, she can be appointed on such reserved category in the event
percentage of Probationary Officer's post is kept reserved for visually
impaired candidate by the respondents. [581-C, D, E, F]

CIVIL ORJGINAL JURISDICTION : Writ Petition (C) No. 31 of2000. E

Under Article 32 of the Constitution of India.

Ms. Neeru Vaid and Ms. Eliza Rumthad for Petitioner.
F
Ambrish Kumar, A.D.N. Rao, A Sobba Rao and Ms. Sushma Suri for
the Respondents.

The Judgment of the Court was delivered by

TARUN CHATTERJEE, J. 1 : Pursuant to an advertisement issued at G
the instance of the Banking Services Recruitment Board, Chennai ( in short
"the "Board") in the Employment Newspaper dated 9-l5th October, 1999
inviting applications for the post of Probationary Officers in Indian Overseas
Banks, the Writ Petitioner, who is a visually handicapped lady, applied for
the said post. The requisite qualifications for eligibility were: H
568 SUPREME COURT REPORTS [2005] SUPP. 2 S.C.R.

A (a) A degree from a recognized University or any qualification
recognized as equivalent by Government of India.

(b) Not below 21 years and above 30 years.

It is not in dispute that the writ petitioner fulfilled both the requirements.
B The writ petitioner had sent her application along with a demand draft. While
filling up the said application form, the writ petitioner mentioned that she was
a blind candidate so that the Board could make adequate arrangement of a
scribe for her during the entrance test as is normally done. Unfortunately, the
application of the writ petitioner for writing the examination, as stated above;
C was returned with the following order:

"As we do not recruit blind candidates for the post of Probationary
Officers, your application is rejected "

As against this order and also for other reliefs, the writ petitioner has
D filed this writ application under Article 32 of the Constitution oflndia. After
the Writ Petition was moved by the writ petitioner, on her prayer, the writ
petitioner was allowed to amend the writ application in which she claimed
additional reliefs which are as follows:

(a) Issue a writ of mandamus or any other appropriate writ, order or
E direction directing the respondents to hold the entrance examination
for the benefit of the petitioner under the advertisement dated 9-
l 5th October, 1999 issued in Employment Newspaper.

(b) Issue a writ of declaration or any other appropriate writ, order or
F direction declaring that the denial of opportunity to contest under
general category to the visually disabled person to the post of
Probationary Officer is violative of fundamental rights enshrined
under Art.14, 16, 19(g) and 21 of the Constitution.

(c) Issue a writ of mandamus or an appropriate order or direction
G calling upon the respondents to show the steps taken by them
under sections 32, 33,38,42 and 4 7 of"The Persons with Disabilities
(Equal Opportunities etc.) Act 1995" (hereinafter in short "The
Act of 1995).

H On behalf of the writ petitioner, Ms. Neeru Vaid contended that the
AMITA v. U.0.1. [CHATTERJEE, J.] 569

order passed by the Board rejecting the application of the writ petitioner on A
the ground that since the writ petitioner being a visually impaired lady could
not be recruited in the Bank for the Post of Probationary Officers, was
erroneous on its face as in the advertisement the requirements of the Board
w.re only to the extent that a candidate should not be less than 21 years and
not above 30 years and he or she should be a Graduate. It was also argued B
that denial of opportunity to sit and write the examination in question also
violated Articles 14 & 16, 19 & 21 of the Constitution of India. On the other
hand, the learned counsel for the respondent urged that since the post of
Probationary Officer was not earmarked for visually impaired persons the
rejection of the application of the writ petitioner was valid.
c
Having heard the learned counsel for the parties and after going through
the materials on record, we are of the view that the order passed by the Board
rejecting the application of the writ petitioner on the aforesaid ground cannot
be sustained. As noted hereinearlier, the requirements asked for by the Board
for writing the examination for appointment to the post of Probationary D
Officer in the Bank were that a candidate shall not be less than 21 years and
not above 30 years and that the candidate must possess a Graduation degree.
There is no dispute that the writ petitioner has satisfied the aforesaid two
conditions. That apart, the writ petitioner although being a visually impaired
lady had applied to write the examination for the post of Probationary Officer
of the Bank as a general candidate and therefore we do not find any reason E
why such opportunity to write the examination should be refused by the
Board. That apart, we find that the writ petitioner had also applied to B.S.R.B.
Bangalore for the same post. There she had mentioned the fact of her
disability on the application form and inspite of informing the Board she had
received the admit card for the entrance test which was held on 20th February F
2000 and such grant of admit card would clearly show that the writ petitioner
could not be thrown out on the ground that she was visually impaired lady,
who could not be allowed to sit and write the examination for the post of
Probationary Officer in the bank.

This question is, however, concluded by a decision of this Court in G
National Federation of Blind v. Union Public Service Commission & Ors.,
[1993] 2 SCC 411 which was rendered on a writ application filed for direction
•. for permission for the visually impaired persons to compete and write Civil
Services Examination and also for being given preferencial treatment in
respect of the identified post. It is also important to mention that the said H
570 SUPREME COURT REPORTS [2005] SUPP. 2 S.C.R.

A decision of this Court in National Federation ofBlindv. Union Public Service
Commission & Ors. also observed as follows:

"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
B to decide. The matter is pending for decision with the Government of India
for the last several years. While appreciating the handicapped persons we
commend the Government of India to decide the question of providing
preference/reservation to the handicapped in Group A and B posts as
expeditiously as possible .. "

c Again at Page 416 of the said decision of this Court it observed as
follows:

"The list of category A & B posts identified as suitable for the visually
handicapped by the committee includes number of posts which are filled as
D a result of the civil services examination. When there are posts to which blind
and partially blind can be appointed, we see no ground to deprive them of
their rights to compete for those posts along with other candidate belonging
to general category."

Finally this Court directed the authorities to permit the visually impaired
E
persons to compete the Civil Services Examination. While appreciating the
handicapped persons this Court o::ommended the Government of India to
decide the question of providing preference/reservation to the handicapped
in Group A & B posts as expeditiously as possible. This Court in the aforesaid
decision also observed that the list of jobs identified by the committee as
F suitable for being held for physically handicapped persons was not exhaustive
and that the Ministries/Departments can further supplement the list based on
their knowledge for jobs requirements, essential qualifications etc.

From the aforesaid decision of this Court, it would also be clear that
G the only restriction which can be spelt out from the ratio of that decision was
whether the post in respect whereof the petitioner sought consideration was
whether the post is liable to be considered as totally unsuitable for visually
handicapped person having regard to the nature of duties attached to the
office/post.
(Emphasis supplied)
H
AMITA v. U.0.1. [CHATTERJEE, J.] 571

From the aforesaid observations of this Court, we are confident that the A
visually impaired candidate would be entitled to sit and write the examination
for selection for the post of Probationary Officer in a Bank but only restriction
that would be standing in the way of the writ petitioner for selection is that
the nature of duties attached to the office/post would be unsuitable for the
visually impaired candidate. Accordingly, we are of the view that the order B
passed by the authorities rejecting the application of the writ petitioner on
the ground shown in the order was erroneous, illegal and invalid in law and
therefore cannot be sustained. In any view of the matter, so far as prayer for
permitting the writ petitioner to sit and write the examination for the year
in question of which rejection order was passed, in our view, the Writ Petition
had rendered infructuous as it is now an admitted position that the examination C
for selection in the post of Probationary Officer in the Bank of the year in
question was held, result was subsequently published and the vacancies were
duly filled in by making appointments on the basis of such selectio1t of
candidates. In view of the other reliefs prayed by the writ petitioner in the
amended Writ Petition, the question now needs to be decided is whether the D
writ petitioner being a visually impaired lady would be allowed to sit and
write the forthcoming examination for the post of Probationary Officer and
can be appointed in such post, in view of nature of duties attached to a
Probationary Officer. As found herein earlier, it cannot be doubted that a
visually impaired candidate is entitled to sit and write the Probationary
Officer examination along with other general candidates where any post is E
not eannarked for handicapped persons, as a general candidate.

Taking our findings, as made herein earlier to the extent that the writ
petitioner was entitled to sit and write the examination for selection of
Probationary Officer in the Bank, let us now proceed to consider whether the F
writ petitioner would be entitled for appointment in the post of Probationary
Officer of the Bank in question, if successful in the written exami~ation in
view of the nature of the job to be performed as Probationary Officer. Before
we deal with this aspect of the matter, we may take into consideration yet
another aspect of the matter, namely, whether denial of permission to the writ
petitioner to sit and write the examination for the post of Probationary Officer G
in the Bank offends Articles 14 and 16 of the Constitution of India. Article
14 of the Constitution of India guarantees to every citizen of India the right
to equality before the law or the equal protection of law. The first expression
"equality before the law" which is taken from the English common law, is
a declaration of equality of all persons within the territory of India, implying H
572 SUPREME COURT REPORTS [2005] SUPP. 2 S.C.R.

A thereby the absence of any special privilege in favour of any individual. It
also means that amongst the equals the law should be equal and should be
equally administered and that likes should be treated alike. Thus, what forbids
is discrimination between persons who are substantially in similar
circumstances or conditions. It does not forbid different treatment of unequal.
B Article 14 of the Constitution of India is both negative and positive right.
Negative in the sense that no one can be discriminated against anybody and
everyone should be treated as equals. The latter is the core and essence of
right to equality and state has obligation to take necessary steps so that every
individual is given equal respect and concern which he is entitled as a human
being. Therefore, Art.14 contemplates reasonableness in the state action, the
c absence of which would entail the violation of Art.14 of the Constitution.

In our view, and in view of the discussions made herein earlier, in the
facts and circumstance of this case, Art.14 was infringed for denial of
permission to the petitioner to sit and write the examination for selection of
D Probationary Officers. As noted herein earlier, writ petitioner was not allowed
to sit for the competitive examination for the post of the Bank Probationary
Officer on the ground that she was visually impaired candidate although the
advertisement in the newspaper did not disclose that a visually impaired
candidate cannot be allowed to sit and write the examination as the nature
and duty of the job were not suitable for the visually impaired candidate. It
E is not in dispute that the writ petitioner had qualified for the post of Bank
Probationary Officer as per the advertisement. Statement has been made in
the writ petition by the writ petitioner to the effect that the writ petitioner
like other visually impaired persons can perfectly perform the job of a
Probationary Officer. She also applied for the same post to the B.S.R.B. and
F received her admit card for the same. Thus, there is discrimination by the
respondent No.2 between the writ petitioner and persons who are substantially
in similar circumstances or conditions. Here the writ petitioner was not
allowed to sit for the entrance examination and hence was discriminated
against the others who qualified for the same entrance examination. Therefore.
the rejection of the application by the respondents besides the ground already
G stated hereinearlier, was not on reasonable grounds and was arbitrary and
violative of Art. 14 which is a fundamental right of every citizen to be treated
equally. In this connection, it is stated by the writ petitioner that a visually
impaired lady Ms. Nafisa is now functioning as a Probationary Officer in one
of the Central Bank of India situated at Bombay. Under Art.16 of the
H Constitution the general rule laid down is that there should be equal
AMITA v. U.0.1. [CHATTERJEE, J.] 573

opportunity for citizens in matters relating to "employment" or "appointment A
to any office" under the State. The expression "matter relating to employment
or appointment" includes all matters in relation to employment both prior and
subsequent to the employments which are incidental to the employment and
form part of the terms and conditions of such employment. Therefore, under
Art.16 of the Constitution what is guaranteed is the equal opportunity to all B
persons. This Clause accordingly does not prevent the state from laying down
the requisite qualifications recruitment for govef!lment service, and it is open
to the authority to lay down such other conditions of appointment as would
be conducive to the maintenance of proper discipline among government
servants. Like other employers, government is also entitled to pick and
choose from amongst a large number of candidates offering themselves for c
employment. But this can only be done only on one condition that all
applicants must be given an equal opportunity along with others who qualify
for the same post. The selection test must not be arbitrary and technical
qualifications and standards should be prescribed where necessary. In this
case, in our view, there is violation of the right of the writ petitioner under D
Art. 16( I) which provides for general rule, that there should be equal
opportunity for citizens in matters relating to "employment" or "appointment
to any office" under the State, matters incidental to employment both prior
and subsequent to the employments which form part of the terms and
conditions of such employment. In this case, the writ petitioner was in the
first instance denied equal opportunity as given to other applicants from E
appearing in the entrance examination on the ground of disability which was
not mentioned as a condition in the advertisement. That apart, the writ
petitioner, although a visually impaired lady had not asked for any special
favour for the post of Probationary Officer for selection in the post of
Probationary Officer. The writ petitioner without asking for any favour had F
only applied for writing the examination for selection not as a reserved
handicapped candidate but along with general candidates who were allowed
by the Board to sit and write the examination. Since the writ petitioner was
similarly situated with other general oandidates, and the writ petitioner had
not asked for any advantage for being a visually impaired candidate, we failed
to understand why she was not permitted to sit and write the examination G
for the post of Probationary Officer in the Bank ..

At the risk of repetition, it may be reiterated that writ petitioner fulfilled
all the conditions mentioned in the advertisement for the post. The primary
object which is guaranteed by Art. 16(1) is equality ofoppottunity and that H
574 SUPREME COURT REPORTS [2005] SUPP. 2 S.C.R.

A was violated by the Board by debarring the writ petitioner from appearing
in the examination on the mere fact of disability which was not mentioned
in the advertisement and which according to the writ petitioner is not an
impediment for the post. We are therefore of the view that the action of the
Board was arbitrary, baseless and was in violation of the right of the writ
B petitioner under Art. 16( l) of the Constitution. Further discussion on
violation of Articles 19 and 21 of the Constitution would not be necessary
in view of the stand taken by the authorities in their written submissions,
affidavits and rejoinder affidavits filed on different dates.

Let us now consider whether the writ petitioner was entitled to be
c selected and appointed as Probationary Officer in the Bank in view of the
nature of duties to be perfom1ed by her as Probationary Officer.

Before we take up this question for decision we keep it on record that
this petition under Art. 32 of the Constitution was entertained by this Court
D on 8th May 2000. This Court granted four weeks time to the respondents to
file a counter affidavit. However, pending hearing of the writ petition, this
Court passed an interim order to the effect that in the meantime, if all the
posts were not filled up, one post shall not be filled up till further orders from
this Court. Subsequently, on I st August 2000 counter affidavit was filed by
the Board in which it was, inter-alia, stated that the post of Probationary
E Officer was not identified for the "Blinds" under the Notification of the
Department of the Personnel and Training dated 25th November 1986. The
Board also in their counter affidavit stated that the reason for rejection of the
application of the writ petitioner was due to the fact that the posts of
Probationary Officers were not identified posts for visually handicapped
F candidates. In the counter affidavit, the Board had relied on a Circular issued
by the Govt. of India, Department of Personnel and Training O.M. No.F.
36034/4/ESTT. (SCT) dated 25th November 1986 which identified post of
General Banking Officer as suitable only for the following 4 categories:-

1. BL-Both legs affected but not arms
G
2. OS-One arm affected (R or L)

3. OL-One leg affected (R &/OL)

4. MW-Muscular weakness and limited physical endurance.
H
AMITA v. U.0.1. [CHATTERJEE, J.] 575

In view of the above and in view of the assertions made by the Board A
in their counter affidavit regarding the capability of a blind person to serve
the post of Probationary Officer in the Banks, it was stated that the application
of the writ petitioner who being a visually impaired candidate was rightly
rejected by the Board. That apart, it was specifically stated in the counter
affidavit that the nature ofjob of a Probationary Officer demands performance B
of various types of jobs under different Departments like Savings Bank and
Current Account, other term deposits, collecting and clearing (inward and
outward Bills), Cash counter and recounting of currency notes and remitting
excess cash balance. It was further asserted by the Board that various duties
and responsibilities of an officer in the above departments were only
illustrative and not exhaustive, and that it was expected of a Probationary C
Officer to make himself/herself available for the services of the Bank as per
the exigencies of service. Apart from that, the function of the Bank has now
become far more varied and diversified with the advent of liberalization of
economy, so that the duties and functions of a Bank Officer have become
more complicated, complex and difficult requiring greater alertness, presence
of mind and maximum utilization of all his/her physical and mental facilities. D
In the counter affidavit, the Board also categorically has stated that the job
of a Probationary Officer is not a specialist officer's job and a Probati~nary
Officer is also trans~erred from one station to another during his/her tenure.
The officer in Savings Bank Account/Current Account Department is
required to verify the specimen signature of the customers while passing
E
cheques for payment. At the same time the Probationary Officer concerned
should also know the customers who come to Bank on and off for transacting
business and that it would not be possible for a blind officer to get to know
about the customers and verify their signatures for day-to-day banking
transactions. Accqrding to the respondents, and considering all these patent
impediments and constraints the Government of India did not identify the F
post of Probationary Officers for"Blinds". Subsequently a written submission
was filed by the respondent No. I Union of India in which it has been clearly
stated that the scheme of reservation to physically handicapped persons has
been in vogue in respect of Group C & D employees in the Central
Government Services. This policy has also been extended to Public Sector
Banks. However, there was no such reservation in Group B and A services G
of the Central Government. Accordingly, there was no reservation for
physically handicapped persons including visually handicapped in any of the
post under the officers category in Public Sector Banks till the enactment of
the Act 1995 which came into force from January 1996. The then Ministry
of Welfare which is now renamed as Ministry of Social Justice and H
576 SUPREME COURT REPORTS [2005] SUPP. 2 S.C.R.

A Empowerment had identified various posts in Group C & D in which
reservation to physically handicapped candidates, namely, Orthopaedically
handicapped, hearing impaired and visually handicapped for recruitment
should be provided on percentage basis. In spite of this stand, there was no
reservation in Group A & B services at that stage. As noted herein earlier,
it was brought to the notice of this Court by the respondent No. I in their
B written submission tha.t the post of General Banking Officer could be
identified as suitable for the following four categories under the Orthopaedically
handicapped category.

a. BL-Both legs affected but not arms

c b. OA-One arm affected (R or L)

c. OL-One 1eg affected (R or L)

d. MW-Muscular weakness and limited physical endurance.

From the written submission it would also be evident after the introduction
D
of reservation to persons with disabilities under the Act 1995, the Ministry
of Social Justice and Empowerment had advised all the Government
Departments to provide reservation in the posts in Group A and B which were
identified as suitable for a particular category of physically handicapped as
per list provided by them earlier in 1996. A i:ommittee was set up by the
E Ministry of Social Justice and Empowerment for fresh identification of
various posts in Group A & B in which reservation should be provided to
different categories of disabled persons. It was the further case of the Union
of India in their written submission that the post of Probationary Officers for
which entrance tests are conducted by different BSRB including the Board
are the posts which are identified as a suitable post only to Orthopaedically
F handicapped persons of the description as noted above. Thus, neither visually
handicapped nor hearing impaired was suitable for the post of General
Banking Officers.

According to the Board, the reason behind such identification was that
a Banking Officer working generally in the branches and other public offices
G are required to verify the legal documents includin~ cheques, drafts,bankers
cheques etc. and such officers have to have close interactions with the public
members, senior officials of the organization as well as various public
' .
institutions etc. For the aforesaid reason a person of visual deficiency may
not prove to be effective and likely to commit losses to the institutions as
H well as public money.
AMITA v. U.0.1. [CHATTERJEE, J.] 577

On 30th November 2000, this Court granted six weeks time to the A
learned Solicitor General for filing the necessary order and passed the
following order:

"the learned Solicitor General appears and submits that keeping in view
humane aspects of the problem, he would examine and discuss the matter
after summoning concerned officials and file an affidavit by the next date B
indicating such posts as in the Banking Division of the Ministry of Finance
where visibly handicapped candidates may be considered for appointment.
He also submits that he would impress upon the concerned ministry to take
steps for revision of the list which was formulated as early as in 1986."
(underlining is ours) c
The writ petitioner on 23rd December 2000 filed an additional affidavit
to bring certain additional facts before this Court. The petitioner pointed out
that she was undergoing an advanced diploma course in computer application
and access technology. This course would enable her to use computer as an
effective tool for reading hard copy printed text, to create and edit documents, D
to browse the web and send mails in general to use the computer for any
general or customized software independently. The petitioner also hrought
to the notice of this Court that the National Association for the Blind also
recommended for identification of category A & B posts for the visually
challenged persons in the Nationalised Banks including State Bank of India E
and Reserve Bank oflndia to the standing committee for ideotification of jobs
for the handicapped, Department of Personal & Training. The association had
brought to the notice of the committee that "visually handicapped persons
in the absence of sight are suitably trained to develop their auditors, tactile
and kinesthetic senses and are imparted by knowledge by training in
computers, Braille and mobility. The specialized training helps them to F
develop complete personality with good communication skills and socially
desirable mannerism whereby they can optimally utilize their mental faculty
to take decision in policy matters and discharge of duties that may be assigned
to them." The association also quoted examples of various visually disabled
persons working in the managerial classes and after careful consideration has
G
recommended list of posts which can be identified (like Faculty Member/
Training Manager, Administrative Officials, Economic Affair Officers, Raj
Bhasha Adhikari/Hindi Officer, Law Officer etc.) for the visually handicapped
persons in the Nationalised Banks.

The writ petitioner also pointed out that by an order dated 7th August H
-·
578 SUPREME COURT REPORTS [2005] SUPP. 2 S.C.R.

A 2000 of the Chief Commissioner of Disabilities in Case No. 7/1999 Rajni
Kant Bansal v. General Manager, Union Bank of India wherein the Bank
modified its recruitment and promotion policy to bring it in alignment with
the Persons with Disabilities Act, 1995 and resolved that one percent of the
posts be reserved for the visually handicapped from clerical cadre to Officer
Cadre. On 5th June 2001, this Court passed the following Order:
B
"This is a typical case showing how the laudable object with
which the Parliament enacted Disability (Equal Opportunities and
Protection of Rights and Full Participation) Act, 1995 and framed
rules 1996 is being frustrated by non-implementation of that Act by
c the concerned authorities. The list drawn up in 1986 was sought to
be revised and we are informed by the learned Solicitor General that
an Expert Committee was constituted to revise the 1986 list in 1998.
It was re-constituted in July 1999. The reconstituted committee also
did not submit its report and about three months after its constitution
it formed up three sub-committees, which also seem to have done
D nothing so far.

We are pained and distressed at this apathy being shown
towards the unfortunate disabled and handicapped. The attitude of
indifference causes us concern.

E We direct and hope that within two months the sub-committees
would submit their report and within three month;; from this date,
the Expert Committee would furnish the revised list to the Government
that shall be placed in record in the Court."

On 20th April 2001 this Court granted the prayer of learned Solicitor
F General when he submitted that the reconstituted Expert Committee has
already submitted its report on 3/3/2001 and as a result thereof many
categories have been added in the list pertaining to Groups A,B,C and D posts
and this Report has been sent to the concerned Ministry for consideration and
that within six weeks he shall be in a position to place the copy of the report
G together with the follow up action taken by them on the affidavit.

On 25th January 2002 this Court passed the following order:

"The response from the Union of India is not forthcoming. In
view of the earlier adjournments granted, we give a last opportunity·
H of two weeks on a prayer made by the learned counsel for the Union
AMITA v. U.0.1. [CHATTERJEE, J.] 579

of India. subject to the payment of Rs. I 0,000 (payable Rs.5,000 to A
petitioner and Rs.5,000 to Supreme Court Legal Services Committee)
by way of costs. In the event of a response forthcoming in two weeks
positively, costs shall stand waived."

Subsequent to this another affidavit was filed by the Union of India on
8th February 2002 in which it has been stated that the Ministry of Social B
Justice and Empowerment of the Government of India in pursuance of
provisions of section 32 of the said Act 1995 had constituted an Expert
Committee on 2nd July 1999 under the Chairmanship of the Additional
Secretary, Ministry of Social Justice and Empowerment to identify/review the
posts in Group A,B,C and D to be reserved for the Persons with disabilities c
in its Ministries/Departments and Public Sector Undertakings.

In this affidavit, the Union of India has further stated that due to the
order of this Court dated 5th January 200 I which directed the Government
to do the needful within three months, the Expert Committee had finalized
its report by holding proper consultation with all concerned like The Indian D
Banks Association and submitted its report on 3rd March 2001.· In this
affidavit the Union of India for the first time has come forward to say that
the post of Probationary Officer Grade "A" has also been included in the
posts identified as suitable for the blind by its committee. This report was
circulated to all Central Ministries/Departments to obtain their comments on
the recommendations/posts identified by the Expert Committee. But before
E
the responses could be received or attended as there was an urgency to notify
the report of the Expert Committee to enable the persons with disabilities to
avail of the benefits of reservation against the newly identified posts, the
Government notified the report by Notification dated 3 I st May 200 I. The
Ministry of Social Justice published the recommendation of the Expert F
Committee in the Gazette on 30th June 200 I. It was further alleged that while
the committee agreed that the work can be performed by one who can see,
read and write, the job (Probationary Officer "A") has been identified as
suitable for the blind or persons with low vision. But the Indian Banks
Association pointed out all jobs of officers in Public Sector Banks cannot be
performed by the visually handicapped persons and they suggested that only G
a few of jobs like officer (Marketing), Officer (Publicity ) can be performed
by the visually handicapped persons.

Another affidavit on behalf of Union oflndia was also filed which states
that the post of Probationary Officer Grade "A" has been identified as H
580 SUPREME COURT REPORTS [2005) SUPP. 2 S.C.R.

A suitable for the visually handicappedfor the first time by a Notification dated
31st May 2001 and published in the Gazette dated 30th June 2002.

On 2nd May 2002 this Court passed the following order:

"To protect the interest of the petitioner it is directed that the
B time spent during these proceedings shall be excluded while
calculating the upper age limit prescribed for appointment on any
post to which the petitioner may be found eligible at the end ... Looking
to the importance of the matter we think it would be proper if the
hearing is taken up by a three Judge Bench. We request the learned
c Solicitor General to assist the Court and in case it is not convenient
for him to do so then any "!earned Additional Solicitor General may
be instructed by him to assist the Court ....... "

Finally on 22nd December 2004 the written submission was filed on
behalf of the Union oflndia in which it has been stated that any discrepancies
D observed in the list identified posts will be rectified during the review of the
list proposed to be done shortly and proposal is under active consideration.
It was further stated that the writ petitioner being a visually impaired
candidate has to either appear in the examination for selection under the
reserved category or she can appear with the general candidates. It was
further clarified that if she wants to appear as a general category candidate
E
then she has to compete with the general category candidates only and she
cannot be given any weightage as the same would amount to discrimination
to others competing with her in the said category.

It further clarified the position that OM No. 36035/4/2003-Establishment
F dated 8.7.2003 provided that the vacancies reserved for any category need
to be filled by persons belonging to that category and such vacancies are not
open to others. On the other hand, unreserved vacancies are open to all and
reserved category candidates cannot be denied the right to compete for
appointment against such vacancies, provided they are otherwis(;.. eligible.
G (underlining is ours)

In view of thi~ specific stand taken by the Union of India in their written
submission and affidavits as detailed hereinearlier,by which the Union of
India has categorically stated that a visually impaired candidate would be
entitled to write the examination and compete the same along with other
H general candidates as if she was a general candidate in the said examination
AMITA v. U.0.1. [CHATTERJEE, J.J 581

and in the event he/she wants to compete the examination on reserved A
category in that case also he/she will be entitled to sit as a reserve candidate
in the said examination when some percentage of the posts are earmarked
for visually impaired candidates. It is needless to say that the Union of India
and Bank Authorities have therefore admitted that the nature of duties of a
Probationary Officer can be performed by a visually impaired candidate and B
some percentage of impaired candidates are entitled for being selected and
appointed as Probationary Officers of the Bank either from the general
category or from the reserved category.

In view of the ;pecific orders passed by this Court pending hearing of
the writ petition and considering the fact that this writ petition was pending C
for more than a period of four years, age restriction, so far as the writ
petitioner is concerned, shall stand relaxed.

Accordingly, the writ application is disposed of in the following
manner:
D
(I) If the writ petitioner chooses to appear as a general candidate to
sit and write any forthcoming examination as a Probationary
Officer of the Bank, she will be entitled to do so.

(2) If selected, she may be appointed as Probationary Officer subject
to her satisfying the other terms and conditions for appointment E
in the said post.

(3) If the writ petitioner writes the examination as a reserved
candidate that is to say on the visually impaired seat, if there be.
any, and she succeeds in the said examination, she can be
appointed on such reserved category in the event percentage of F
Probationary Officer's post is kept reserved for visually impaired
candidate by the respondents. In the facts and circumstances of the
case, there will be no order as to costs.

B.S. Writ Petition disposed of.
G

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