The
Karnataka High Court recently upheld a ruling prioritising candidates with
"absolute blindness" over those with "low vision" for specific
employment opportunities, provided the disability does not affect their job
performance.
The
division bench, comprising Justice Krishna S Dixit and Justice CM Joshi,
delivered this decision while dismissing an appeal by the Department of School
Education against an earlier ruling by the Karnataka State Administrative
Tribunal (KSAT).
Background of case
The case centres on H N Latha, a
Scheduled Caste (SC) candidate with complete blindness from Periyapatna taluk,
Mysuru district. Latha applied for a Kannada and social studies teaching
position at a government primary school in 2022, and her name appeared on the
selection list on March 8, 2023. However, her application was later rejected on
July 4, prompting her to approach KSAT, which ruled in her favour, granting Rs
10,000 in costs and directing the education department to reconsider her application
within three months.
The
Department of School Education challenged the KSAT order, arguing that
candidates with "absolute blindness" and "low vision"
should be treated as distinct reservation categories. However, the High Court
bench disagreed, noting that Latha met the educational qualifications required
for the teaching role and stressing that employment decisions should focus on
candidates’ capabilities rather than arbitrary distinctions in disability
categories.
In
its judgement, the High Court highlighted the positive attributes often
associated with individuals who are blind, such as resilience, adaptability,
and strong memory, and referenced several inspirational figures who excelled
despite blindness, including Helen Keller and Louis Braille.
The court further noted the importance of inclusive
hiring practices, suggesting that the education department should reserve posts
for candidates with absolute blindness or enable them to compete for roles with
those who have low vision.
Prevalence of blindness
is India
As of November 2024, the most
comprehensive study on blindness in India was recorded in the National
Blindness and Visual Impairment Survey (2015–2019). The survey reported a 0.36
per cent prevalence of blindness in India’s population, with a 1.99 per cent
prevalence among those aged 50 and above.