The Karnataka High Court directed that ‘absolutely blind’ candidates should be given priority over those with ‘low vision’ in job recruitment. This ruling emphasizes that individuals who are completely blind should be considered first for positions, in accordance with their qualifications and abilities. The court’s decision aims to ensure equal opportunities for all persons with disabilities while addressing specific needs based on severity.
Bengaluru: The Karnataka High Court has ruled that “individuals with absolute blindness should be prioritized over those with low vision for employment opportunities, as long as their disability does not impede their ability to perform the job.“
This decision was made by a division bench comprising Justice Krishna S. Dixit and Justice C.M. Joshi, who dismissed an appeal from the Department of School Education against a previous ruling by the Karnataka State Administrative Tribunal (KSAT).
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The case involved H.N. Latha, a blind candidate from the Scheduled Caste community in Periyapatna taluk, Mysuru district. Latha applied for a position as a Kannada and social studies teacher at a government primary school in 2022, and her name was included in the selection list published on March 8, 2023.
However, her application was rejected on July 4, 2023, leading her to challenge the decision before KSAT. The tribunal ruled in her favor, awarding her Rs.10,000 in costs and directing the appointing authority to reconsider her application within three months.
The Department of School Education contested this ruling, arguing that candidates with “low vision” and those with “absolute blindness” should be classified as separate categories, claiming the tribunal had failed to recognize this distinction.
The High Court, however, disagreed with the department’s position. The judges acknowledged concerns about a completely blind individual fulfilling the duties of a graduate primary teacher, especially in subjects like social studies and Kannada, but found these arguments unconvincing given that Latha met the educational qualifications for the role.
The court emphasized the positive qualities often found in individuals who are blind, including adaptability, resilience, strong memory, heightened senses, and exceptional coping abilities.
The bench referenced several notable historical figures who achieved remarkable success despite their blindness, such as Homer, John Milton, Louis Braille, Helen Keller, and Srikanth Bolla, the CEO of Bollant Industries.
In its conclusion, the court stated that the education department should have either reserved specific positions for candidates with absolute blindness or allowed them to compete alongside those with low vision for available roles. Upholding the tribunal’s directive, the court highlighted the importance of inclusive hiring practices that recognize the capabilities of blind candidates.