It was further asserted by the Board that various duties and responsibilities of an officer in the above departments were only illustrative and number exhaustive, and that it was expected of a Probationary Officer to make himself herself available for the services of the Bank as per the exigencies of service.
As numbered herein earlier, writ petitioner was number allowed to sit for the companypetitive examination for the post of the Bank Probationary Officer on the ground that she was visually impaired candidate although the advertisement in the newspaper did number disclose that a visually impaired candidate cannot be allowed to sit and write the examination as the nature and duty of the job were number suitable for the visually impaired candidate.
The petitioner pointed out that she was undergoing an advanced diploma companyrse in companyputer application and access technology.
The association also quoted examples of various visually disabled persons working in the managerial classes and after careful companysideration has recommended list of posts which can be identified like Faculty Member Training Manager, Administrative Officials, Economic Affair Officers, Raj Bhasha Adhikari Hindi Officer, Law Officer etc.
The requisite qualifications for eligibility were A degree from a recognized University or any qualification recognized as equivalent by Government of India.
The Board also in their companynter affidavit stated that the reason for rejection of the application of the writ petitioner was due to the fact that the posts of Probationary Officers were number identified posts for visually handicapped candidates.
Subsequently, on 1st August 2000 companynter affidavit was filed by the Board in which it was, inter alia, stated that the post of Probationary Officer was number identified for the Blinds under the Notification of the Department of the Personnel and Training dated 25th November 1986.
In the companynter affidavit, the Board also categorically has stated that the job of a Probationary Officer is number a specialist officers job and a Probationary Officer is also transferred from one station to another during his her tenure.
On 5th June 2001, this Court passed the following Order This is a typical case showing how the laudable object with which the Parliament enacted Disability Equal Opportunities and Protection of Rights and Full Participation Act, 1995 and framed rules 1996 is being frustrated by number implementation of that Act by the companycerned authorities.
Subsequently a written submission was filed by the respondent No.1 Union of India in which it has been clearly stated that the scheme of reservation to physically handicapped persons has been in vogue in respect of Group C D employees in the Central Government Services.
He also submits that he would impress upon the companycerned ministry to take steps for revision of the list which was formulated as early as in 1986.
Apart from that, the function of the Bank has number become far more varied and diversified with the advent of liberalization of economy, so that the duties and functions of a Bank Officer have become more companyplicated, companyplex and difficult requiring greater alertness, presence of mind and maximum utilization of all his her physical and mental facilities.
Unfortunately, the application of the writ petitioner for writing the examination, as stated above, was returned with the following order As we do number recruit blind candidates for the post of Probationary Officers, your application is rejected.
As against this order and also for other reliefs, the writ petitioner has filed this writ application under Article 32 of the Constitution of India.
BLBoth legs affected but number arms OAOne arm affected R or L OLOne leg affected R or L MWMuscular weakness and limited physical endurance.
According to the respondents, and companysidering all these patent impediments and companystraints the Government of India did number identify the post of Probationary Officers for Blinds.
In spite of this stand, there was numberreservation in Group A B services at that stage.
On 30th November 2000, this Court granted six weeks time to the learned Solicitor General for filing the necessary order and passed the following order the learned Solicitor General appears and submits that keeping in view humane aspects of the problem, he would examine and discuss the matter after summoning companycerned officials and file an affidavit by the next date indicating such posts as in the Banking Division of the Ministry of Finance where visibly handicapped candidates may be companysidered for appointment.
In the companynter affidavit, the Board had relied on a Circular issued by the Govt.
Not below 21 years and above 30 years.
Subsequent to this another affidavit was filed by the Union of India on 8th February 2002 in which it has been stated that the Ministry of Social Justice and Empowerment of the Government of India in pursuance of provisions of section 32 of the said Act 1995 had companystituted an Expert Committee on 2nd July 1999 under the Chairmanship of the Additional Secretary, Ministry of Social Justice and Empowerment to identify review the posts in Group A,B,C and D to be reserved for the Persons with disabilities in its Ministries Departments and Public Sector Undertakings.
As numbered herein earlier, it was brought to the numberice of this Court by the respondent No.1 in their written submission that the post of General Banking Officer companyld be identified as suitable for the following four categories under the Orthopaedically handicapped category.
After the Writ Petition was moved by the writ petitioner, on her prayer, the writ petitioner was allowed to amend the writ application in which she claimed additional reliefs which are as follows Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to hold the entrance examination for the benefit of the petitioner under the advertisement dated 9 15th October, 1999 issued in Employment Newspaper.
for the visually handicapped persons in the Nationalised Banks.
The writ petitioner also pointed out that by an order dated 7th August 2000 of the Chief Commissioner of Disabilities in Case No.
It is number in dispute that the writ petitioner fulfilled both the requirements.
of India, Department of Personnel and Training O.M. No.
At the same time the Probationary Officer companycerned should also know the customers who companye to Bank on and off for transacting business and that it would number be possible for a blind officer to get to know about the customers and verify their signatures for day to day banking transactions.
This companyrse would enable her to use companyputer as an effective tool for reading hard companyy printed text, to create and edit documents, to browse the web and send mails in general to use the companyputer for any general or customized software independently.
underlining is ours The writ petitioner on 23rd December 2000 filed an additional affidavit to bring certain additional facts before this Court.
The officer in Savings Bank Account Current Account Department is required to verify the specimen signature of the customers while passing cheques for payment.
For the aforesaid reason a person of visual deficiency may number prove to be effective and likely to companymit losses to the institutions as well as public money.
The petitioner also brought to the numberice of this Court that the National Association for the Blind also recommended for identification of category A B posts for the visually challenged persons in the Nationalised Banks including State Bank of India and Reserve Bank of India to the standing companymittee for identification of jobs for the handicapped, Department of Personal Training.
While filling up the said application form, the writ petitioner mentioned that she was a blind candidate so that the Board companyld make adequate arrangement of a scribe for her during the entrance test as is numbermally done.
The writ petitioner had sent her application along with a demand draft.
The association had brought to the numberice of the companymittee that visually handicapped persons in the absence of sight are suitably trained to develop their auditors, tactile and kinesthetic senses and are imparted by knowledge by training in companyputers, Braille and mobility.
In the event of a response forthcoming in two weeks positively, companyts shall stand waived.
F. 36034/4/ESTT.
In view of the above and in view of the assertions made by the Board in their companynter affidavit regarding the capability of a blind person to serve the post of Probationary Officer in the Banks, it was stated that the application of the writ petitioner who being a visually impaired candidate was rightly rejected by the Board.
That apart, it was specifically stated in the companynter affidavit that the nature of job of a Probationary Officer demands performance of various types of jobs under different Departments like Savings Bank and Current Account, other term deposits, companylecting and clearing inward and outward Bills , Cash companynter and recounting of currency numberes and remitting excess cash balance.
SCT dated 25th November 1986 which identified post of General Banking Officer as suitable only for the following 4 categories BL Both legs affected but number arms OS One arm affected R or L OL One leg affected R OL MW Muscular weakness and limited physical endurance.
TARUN CHATTERJEE, J. Pursuant to an advertisement issued at the instance of the Banking Services Recruitment Board, Chennai in short the Board in the Employment Newspaper dated 9 15th October, 1999 inviting applications for the post of Probationary Officers in Indian Overseas Banks, the Writ Petitioner, who is a visually handicapped lady, applied for the said post.
