Allahabad HC Issues Notice On PIL Against UP Govt's Decision To 'Dis-Identify' Certain Posts For Blind Persons

The Allahabad High Court today issued a notice to the Uttar Pradesh Government and its prompt counter-affidavit on a Public Interest Litigation (PIL) plea filed challenging the government's decision to make blind persons ineligible to apply for several government posts.

The Plea has been moved by All India Confederation of the Blind and National Association of the Visually Handicap through Advocate Shwetabh Singh and it states that several posts, which were already identified for blind persons and such persons are already working effectively on such posts, have been dis-identified / exempted for blind persons.

These posts include the posts of Administrative officer, Asst. Administrative officer, Personal Assistant (Grade 1 and 2), Lecturer, Physiotherapist, Junior Physiotherapist, Telephone Operator, Stenographer, Office Superintendant, Senior Clerk, Assistant Teacher Primary Education, Editor, U.P Hindi Sansthan, Assistant Editor, Sales officer, Librarian etc.

Calling the move of the UP government as illegal, arbitrary, and malafide, the Plea further seeks a direction to the UP Government to constitute an expert committee with representation of blind persons to review the identification of jobs/posts suitable for persons with benchmark disabilities as per section 33 (ii) of the RPD Act, 2016.

Essentially, the plea challenges the order of the UP Government dated July 30, 2021, by virtue of which, the state government identified certain government posts and notified that the persons who are blind, can not apply for such posts.

"Vide order dated 13.01.2011, several posts of Group A, B, C, and D were identified as suitable for blind persons along with persons with other disabilities. Several blind persons are effectively working on those posts and discharging their duties. However, in the most illegal, arbitrary, and malafide manner, the Opposite party has issued the impugned order dated 30.07.2021 by which the posts which were earlier identified as suitable for blind persons, have been dis-identified / exempted for blind persons," the plea avers.

The plea further avers that several blind persons have been deprived of the opportunity of employment on such posts on which blind persons are already working effectively. Therefore, the plea contends that unemployed blind persons are also entitled for equal opportunity of employment on such posts.

"The impugned government order dated 30.07.2021 is in violation of the notification of the Central Government dated 04.01.2021 ad furthermore, it prohibits blind persons from appointment on such posts were blind persons are already working and those posts have already been identified suitable for blind persons by the Central Government vide notification dated 04.01.2021," the plea submits.

Having heard the counsel for the petitioner, the Bench of Justice Devendra Kumar Upadhyaya and Justice Mohd. Faiz Alam Khan granted two weeks' time to the State to file a counter-affidavit i the matter and listed the case on March 14, 2022 as fresh.

"We make it clear that the State Government shall file counter affidavit promptly in this case considering the urgency and public interest involved. This order shall be specifically communicated by learned State Counsel to the Additional Chief Secretary of the Department concerned, who shall personally ensure that the counter affidavit be filed within the time, which has been stipulated in this order," the Court said in its order.

Case title - All India Confederation Of The Blind Thru. Its Secry. Smt. Gauri Sen And Another v. State Of Up Thru. Its Addl.Chief Secy.

Click Here To Read/Download Order