The Karnataka High Court has ruled that 'absolutely blind' candidates should be given preference over 'low vision' candidates in job opportunities, reinforcing the need for inclusive hiring practices, as long as their disability does not hinder their ability to perform tasks.
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The Karnataka High Court has ruled that individuals with "absolute blindness" should be given preference over those with "low vision" when it comes to employment opportunities, as long as their disability does not hinder their ability to perform the required tasks. This decision was made by a division bench of Justice Krishna S Dixit and Justice CM Joshi while dismissing an appeal by the Department of School Education against an earlier ruling by the Karnataka State Administrative Tribunal (KSAT).
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The case concerns H N Latha, a blind candidate from the Scheduled Caste community in Periyapatna taluk, Mysuru district. Latha had applied for the position of Kannada and social studies teacher at a government primary school in 2022. Her name was included in the selection list released on March 8, 2023. However, on July 4, 2023, her application was rejected, prompting her to challenge the decision before the KSAT. The tribunal ruled in her favour, awarding her Rs 10,000 in costs and instructing the appointing authority to reconsider her application within three months.
The Department of School Education appealed against this decision, arguing that candidates with "low vision" and those with "absolute blindness" should be treated as separate categories in the reservation system. The department contended that the tribunal had failed to recognise this distinction.
However, upon reviewing the case, the High Court bench disagreed with the department’s stance. The judges noted that while there might be concerns about a completely blind individual handling the responsibilities of a graduate primary teacher, particularly in subjects like social studies and Kannada, such arguments were unconvincing. The court emphasised that the candidate met the necessary educational qualifications for the role, and concerns about blindness affecting her ability to teach were not supported by sufficient evidence.
The court also highlighted the positive traits often seen in blind individuals, including adaptability, resilience, strong memory, heightened senses, and excellent coping skills. The bench cited the success of several historical figures who were blind, such as Homer, John Milton, Louis Braille, Helen Keller, and Srikanth Bolla, the CEO of Bollant Industries, as examples of what can be achieved despite blindness.
In its conclusion, the court said that the education department should have either created specific posts for candidates with absolute blindness or allowed them to compete for positions alongside low-vision candidates. Upholding the KSAT’s directive, the court stressed the need for inclusive hiring practices that acknowledge the abilities of blind individuals. According to PTI, the ruling is a step forward in recognising the potential of those with absolute blindness in various professional roles.
(With inputs from PTI)
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