UNION OF INDIA Vs. G.V. YASWANTH

JUDGEMENT

(1.) Present writ petition is filed under Articles 226 and 227 of the Constitution of India requesting this Court to issue a writ, order or direction in the nature of certiorari quashing the impugned order passed on 12.12.2013 by the Central Administrative Tribunal, Bangalore Bench, in case bearing T.A.No.470/2013 and consequently, to dismiss the said case T.A.No.470/2013.

(2.) Respondent was applicant before the Central Administrative Tribunal, Bangalore Bench. Respondent No.1-Yaswanth G.V. appeared for the Civil Service Examination (CSE) 2009, under the category "Physically Handicapped" (Visually impaired) and secured 107th rank. Hence, his name was recommended as a successful candidate by the Union Public Service Commission in VI sub-category of Physically handicapped category for services allocation on the basis of CSE-2009. As per Rules 21 and 27 of Civil Service Examination, Yaswanth G.V., was asked to undergo a medical examination to testify his claim. The Central Standing Medical Board (CSMB) at New Delhi, conducted the examination and gave a finding certifying that he had 30% visual disability.

(3.) According to the statutory notification issued by the Ministry of Social Justice and Empowerment Notification vide No.16-18/97 NI.I dated 01.06.2001, a person having vision between 40% and 75% would be categorized as person with low vision and those persons with vision impairment exceeding 76% would fall in the category of "persons with blindness". The same is clarified in the letter of Chief Commissioner for Persons with Disabilities bearing No.Identification/Emp./CCD 2008 dated 05.08.2008. Therefore, it is contended that respondent No.1 Yashwanth cannot be considered as a person with low vision.