Blindness Doesn't Come In Way Of Discharging Duties Of Teacher: Karnataka HC Upholds Order To Consider 100% Visually Challenged Candidate

Quoting examples of visually impaired persons who have achieved great things in life such as Homer, Helen Keller and Louise Braille among others, the Karnataka High Court has observed that blindness would not come in the way of discharging duties of a teacher. Underscoring that "history is replete with instances of blind people who have achieved great things in life", the court cited examples examples of Homer of great epics, John Milton, Louis Braille, Helen Keller & Srikanth Bolla ” can be blind candidates and then said, “How blindness would come in the way of discharging duties of a teacher of the kind is difficult to appreciate.” It further elaborated that persons with blindness in particular have several positive qualities such as: exceptional ability to adapt; resilience i.e., strong coping mechanism to overcome daily challenges, resourcefulness i.e., skill at finding creative solutions to obstacles; strong listening skills, excellent memory and recall abilities, unwavering commitment to achieving goals, heightened senses of hearing, touch & smell, etc. The court held “The impugned order of the Tribunal has brought about social justice to the class of persons whom nature has placed at a disadvantageous position; to that predicament, Article 12 Entity should not add by taking an unconscionable stand in adjudication of the cause.” It added “The authority that ought to have earmarked some posts for the blind, or in the alternative should have permitted the blind candidates too to be in the fray along with persons of 'low vision' for the post in question. An argument to the contrary would offend the laudable policy of the State as enacted in the erstwhile Persons with Disabilities Act, 1995 and the present statute namely, the People with Disabilities Act, 2016.” Rejecting the petition the court said “The Tribunal has not excluded the candidates of low vision from the fray; it has only widened the fray by permitting blind candidates in it.