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A Madras High Court bench consisting of Chief Justice Sanjib Banerjee and Justice Audikesavalu has directed the Registrar-General of the court to identify posts for persons with visual impairments to ensure they get a level playing field in the recruitment process of the court at various levels.

College Students & Graduates Association of the Blind (CSGAB) had filed a writ petition before the Madras High Court seeking issuance of a writ directing the Registrar General to conduct re-examination of visually challenged candidates.

The High Court had invited applications from persons with disabilities for recruitment of chobdars, office assistants, cooks, watermen, room boys, watchmen, book restorers and library assistants. 

It was contended that the notification  for recruitment did not permit those with visual impairment to the extent that they required a scribe to write the examination.

It was further conceded that procedure for recruitment was faulty and the High Court may not have been adequately sensitive to the needs of the physically challenged, particularly those with visual impairment.

The lawyer for the Registrar-General contended that the notification that was published in March 2021 pertained exclusively to persons with disabilities and that the nature of duties of those who would be employed had clearly been indicated in the notification.

He further contended that persons with serious visual impairment or complete visual impairment would not able to to discharge the duties such as office work or work at the residences of the Judges or Registrars to attend to all domestic duties like cooking, cleaning utensils, washing clothes, mopping floors, cleaning bathrooms, toilets, urinals, lavatories, attending to gardening work.

It was further argued that out of the 3 stages of recruitment indicated in the notification, 2 stages have already been completed and that if the prayer of the petitioners are allowed, the entire process will have to commence again.

The court held that since the recruitment process has progressed beyond the stage where any effective relief can now be granted, it must also be recorded that the notification clearly provided that visually impaired candidates not capable of writing the examination themselves would not be welcome.

The court said in this regard that the clause implied that recruitment was being conducted for posts inappropriate for candidates with visual impairment to the extent that they could not write their own papers. It further noted that whether it was justified or not, is no longer in issue.

The court further held that it is elementary that the rules of the game cannot be changed midway into the game and that the recruitment process in the present case has progressed to the final stage.

It further held that since considerable public funds are being spent in conducting the examination that took place across the state, no effective relief can be granted to any aspiring visually impaired candidates.

The court, however, said that it is necessary that the High Court opens up and allows persons with disabilities, including those suffering from any form of vision impairment, to have a level playing field to participate in the process of recruitment at various levels.

It was directed for the advocates appearing for the petitioners and respondents to work together and make suggestions to be forwarded to the Registrar-General to indicate posts in the High Court that may be suitable for persons with disabilities and, particularly, for persons with visual impairment.

Further, the Registrar General was directed to send a list of such posts that can be held by people with disabilities, so that in future recruitment exercises undertaken by the High Court, the fullest opportunity is made available to persons with disabilities.

Cause title: College Students & Graduates Association of the Blind (CSGAB) Vs The Registrar General & Ors