Karnataka High Court Favors Absolute Blindness Over Low Vision in Government Job Reservations, Affirms Positive Capabilities of the Blind

In a landmark ruling aimed at empowering those with disabilities, the Karnataka High Court has established that candidates with “absolute blindness” should be prioritized over candidates with “low vision” in employment settings where disabilities do not interfere with the ability to perform job responsibilities. This principle was laid out by a division bench, comprising Justice Krishna S Dixit and Justice CM Joshi, which upheld an earlier ruling from the Karnataka State Administrative Tribunal in favor of HN Latha, a blind candidate seeking a teaching position in a government school.

The ruling stems from a petition filed by the Department of School Education and others, who sought to overturn the tribunal’s December 2023 order, mandating consideration of Latha’s application for a teaching role. The tribunal also awarded her Rs 10,000 in costs for what it deemed an unfair rejection of her application. The court not only upheld the tribunal’s verdict but provided a broader interpretation that the reservation process should acknowledge and address the unique disadvantages faced by those with complete blindness compared to those with partial vision.

Background of the Case

In 2022, HN Latha, a Scheduled Caste candidate with total blindness, applied for a position as a Kannada and social studies teacher in a government primary school in Karnataka’s Periyapatna taluk, located in the Mysuru district. Her name appeared in the March 8, 2023, selection list, but her application was later rejected on July 4, 2023. The education department’s reason for rejection was based on its interpretation that reservations for low-vision and blind candidates are distinct categories, a claim disputed by the Karnataka State Administrative Tribunal.

The tribunal ruled in favor of Latha, stating that her application was improperly disregarded and instructing the education department to reconsider her candidacy within three months. The department’s appeal to the Karnataka High Court was subsequently dismissed, with the bench affirming that Latha, as a person with total blindness, should indeed be given preference.

Rationale and Court Observations

Justice Krishna S Dixit and Justice CM Joshi analyzed arguments and evidence, ultimately finding that candidates with absolute blindness deserve preference over those with low vision, especially in roles where their disability would not hinder their job performance. The bench addressed a crucial assumption from the education department, which argued that a teacher’s responsibilities in subjects like social studies and Kannada may be challenging for an individual with total blindness.

In response, the court highlighted the strengths often found in individuals with blindness, including a remarkable capacity for adaptability, exceptional memory, resilience, and strong listening skills. The bench referenced historical figures who defied societal expectations, including Homer, John Milton, and Helen Keller, as well as contemporary figures like Srikanth Bolla, the blind CEO of Bollant Industries.

“History is replete with instances of blind people who achieved great things in life,” the bench observed, underscoring the significant contributions of blind individuals in various fields. The court asserted that the presence of blindness is no hindrance to fulfilling the responsibilities of a teaching role, particularly given the availability of resources and support technologies.

Advocating Inclusivity in Employment

The Karnataka High Court’s decision is significant for advancing inclusivity and disability rights in India. It affirms that individuals with disabilities, including absolute blindness, are more than capable of handling professional responsibilities if provided the right support. “The authority ought to have earmarked some posts for the blind, or alternatively, permitted blind candidates too to be in the fray along with persons of ‘low vision’ for the post in question,” the bench concluded.

The judgment opens a path for greater employment opportunities for the completely blind, emphasizing the importance of assessing a candidate’s capability to perform a job rather than focusing solely on the nature of their disability.