hello accesindia!
here is the full text of judgment passed by CCPD against SSC. we must have
thankfull to our ownerable CCPD for this and other landmark judgments recently
passed by him in the favour of entire blind comunity:
OFFICE OF THE CHIEF COMMISSIONER FOR PERSONS WITH DISABILITIES
Ministry of Social Justice and Empowerment, Govt, of India
Case No. 34/1041/11-12
Dated : 24th February 2012
Dispatch Na...SX&PQ
In the matter of:
Shri J.L. Kaul, Secretary General, All India Confederation of the Blind,
Braille Bhawan
(Behind Rajiv Gandhi Cancer Hospital)
Sector-5. Rohini, Delhi-110 085
...... Complainant
Versus
Staff Selection Commission,
Through: The Chairman,
Block 12, CGO Complex,
Lodhi Road, New Delhi -110003
........ Respondent
Date of hearing : 05.1.2012 & 03.02.2012
Present:
(i) Dr. Anil Aneja, All India Confederation of the Blind for
complainant,
(ii) Shri. Ahok Kumar Roy, Under Secretary for the respondent
ORDER
Shri J.L. Kaul, Secretary General, All India Confederation of the Blind (AICB),
Delhi, filed a complaint dated 31.03.2011 before the Chief Commissioner for
Persons with Disabilities under the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995
hereinafter referred to as the 'Act' against Staff Selection Commission (SSC)
2. Shri Kaul inter-alia submitted that the candidates with blindness
and low vision were not provided
computers loaded with any Screen Reading Software and the keyboard of the
computers for Hindi medium candidates was different from the normally used one.
That put the candidates with visual impairment to serious disadvantage. Shri
Kaul suggested the following options for candidates with visual impairment in
the test scheduled on 15.04.2011 for the post of Stenographer ;-
(i) SSC may provide standard screen reading software in the computers
used by candidates with
Visual impairment for the test: or
(ii) the candidates with visual impairment may be allowed to take the
test on their own computers
loaded with standard screen reading software; or (iii) the test for
candidates with visual impairment may be conducted in the computer training
centres for the blind in the NGOs / Government organizations.
_.
Sarojini House, 6, Bhagwan Dass Road, New Delhi-110001 Tel.: 23386054.
23386154 Telefax : 23386006
E-mail: [email protected] Website : www.ccdisabilities.nic.in
-2-
3. The matter was taken up with Staff
Selection Commission, vide letter dated 07.04.2011 requesting the said
Commission to consider the options suggested by Mr. Kaul and to provide
commonly used key board for Hindi medium candidates so that they are not put to
disadvantage vis-a vis other candidates.
4. Vide his letter dated 26.12.2011, Shri
J.L. Kaul submitted that in spite of Office of Chief Commissioner for Persons
with Disabilities letter dated 07.04.2011, no favourable action was taken by
SSC and as a result many of the eligible candidates could not qualify in the
skill test for the post of Stenographer held on 15.4.2011. He also submitted
that Ms. Nitu, a person with blindness who had applied for the posts of
Stenographer and LDC published in Employment News dated 16-22 July, 2011 had
been directed to appear for the skill test using inscript keyboard. The test
was to be taken on computers and the inscript keyboard is different from manual
type keyboard and does not have any facility of screen reader which is a great
disadvantage to persons with visual impairment. Besides, such an arrangement
also adversely affects the performance and prospects of the candidates with
blindness and low vision. He also stated that standard screen readers like JAWS
for English and SAFA for Hindi were not being allowed in the skill test fixed
for 10.01.2012. As the SSC did not file their version, a hearing was scheduled
on 05.1.2012.
5. While none appeared for SSC on the day
of hearing, Dr. Anil Aneja on behalf of complainant questioned the entire
recruitment process undertaken by SSC in pursuance of various advertisements
during the year 2011 and raised following issues :-
(i) As the recruitment process was not accessible for candidates with visual
impairment, 1% reservation for them cannot be maintained.
(ii) The skill tests for the posts of Stenographer and LDC were scheduled to
commence from the first fortnight of January, 2012, therefore, immediate
directions to the respondent to make those tests accessible were required.
6. In view of the urgency of the matter and in order to protect the
rights of the candidates with visual
impairment who were likely to appear in the ensuing skill tests for
Stenographer and LDC across the
country. SSC were directed as under:
(i) Candidates with visual impairment be allowed the choice of the key
Board Layout that is compatible With Mangal Font for taking the skill tests.
The appropriate Key Board Layout together with the compatible Screen Reading
Software such as JAWS, SAFA, etc. for the purpose of skill test to be provided
either by SSC at the venue of the tests, or the visually impaired candidates be
allowed to use their own computer / laptop for the skill test.
(ii) It may be ensured that the softwares are loaded in the computers well
in advance so that the concerned candidates with visual impairment are not put
to any last minute confusion.
(iii) Appropriate instructions be issued to all the concerned authorities
responsible for conducting the skill tests to ensure that the above directions
are implemented at all the centres'.
7. Though, the action taken in the matter
along with the reply of SSC was sought by 25.01.2012, nothing was heard from
SSC. The matter was, therefore, fixed for hearing on 03.2.2012 when the
representative of respondent Shri Ashok Kumar Roy, Under Secretary in SSC,
submitted that the officer of appropriate level was not available on 05.01.2012
due to the Regional Directors' meeting on that day. He also stated that the
representation of Shri J.L. Kaul regarding the provision of software, etc., was
examined and the matter is being looked into keeping in view the availability
of the computers / software across the country especially in small towns and
rural areas. He stated that SSC is ensuring appropriate assistance by providing
scribe and reader to candidates with visual impairment during the examination /
skill tests. He also stated that there were no other representations pointing
out the difficulties being faced by the candidates with visual impairment
during the skill test.
8. After hearing the parties, the
respondent was advised to intimate within a week as to whether SSC would be
able to provide facilities of screen reading software such as JAWS, SAFA, NVDA,
etc. in a phased manner specifying a time frame to those candidates with visual
impairment who wish to use them at the time of skill test; or alternatively,
whether the respondent will allow them to use their own computer/laptop having
such screen reading softwares for the purpose and to submit a detailed written
submission. The complainant was also directed to submit a brief summary of the
case highlighting the technical dimensions of the issues involved.
9. While till date SSC have neither
submitted any written submissions nor have they responded to the Record of
Proceedings dated 03.02.2012, the complainant has filed the following written
submissions highlighting the technical aspects of the case:
(i) The specific procedural points of objection involved in the conduct of
the skill tests by SSC are;
a) SSC in its call letters to candidates has, in the recent instances,
insisted on the use of a specific keyboard while taking the skill test in
Hindi.
b) The SSC instead of providing the appropriate screen reading
software to the visually impaired at the time of taking the skill tests,
provides them with a person to read out the screen while the visually impaired
person is typing.
(ii) With reference to point 9(i){a) above, it has been stated that the
visually impaired persons normally learn typing on a manual typewriter first as
a number of government organizations still take skill tests in typing on a
manual typewriter. As the manual typing does not have inscript keyboard, a
sudden switch over
-4-
to the inscript keyboard by the visually impaired at the time of taking the
skill test would put them at a serious disadvantage in terms of speed and
accuracy. This in tum would damage their chances of doing well in the skill
test.
(iii) With reference to point 9(i)(b) above, the complainant has stated that a
person with blindness learns computer only by using a screen reading software.
It is not possible for a blind person to learn and work on computers without
the use of a screen reading software. However, at the time of taking this skill
test conducted by the Staff Selection Commission, the appropriate screen
reading softwares are not being provided. Instead, a person is made available
who would read out the screen when needed. This provision places the blind
candidate taking the skill test on an unequal footing on following three
grounds :-
a) This is not how he/she has learnt to type on computer. Thus, a
sudden change of method in accessing the computer screen may disorient and
disturb the visually impaired candidate thereby damaging his/her performance
and chances of selection.
b) As the performance of the visually impaired candidate in the
skill test would depend on the efficiency commitment and attention of the
person reading the screen (who is not even chosen by the candidate), the
candidate may perform better or worse in comparison with his / her performance
if he/she was using a screen reading software. In either case, the test cannot
be called a true indicator of the candidate's capabilities and thus, the skill
test loses its meaning.
c) The sighted person has the independence of negotiating with the screen
independently. If a visually impaired person can also have the same
independence by using a software and if the right is not being given to him,
then, such a system {of the kind followed by the Staff Selection Commission)
puts the visually impaired person at a disadvantage as compared to sighted
person taking the test placing a blind or low vision candidate at such
disadvantage is against the spirit of article 14 of the Constitution of India
as well as against the spirit of the Persons with Disabilities Act.
(iv). The purpose of any skill test is to either find out what the candidate
has leamt or to find out whether the candidate can perform in office. As the
visually impaired candidates neither leam computers without using screen
reading software nor would they work in offices after selection without using
screen reading software, then to take the skill test by using a person to read
the screen when a more independent option is available, seems, to say the
least, rather illological. The system followed by the Stall Selection
Commission might have made some sense if the visually impaired persons working
in offices were provided dedicated human assistance to help them in their work.
As that is not the case at present, the procedure followed in taking the skill
test of the visually impaired is most irrational and discriminatory against the
visually impaired.
-5-
(v). As per the complainant, the screen reading software shall also
be included in the term, 'the
magnifying software' required by persons with low vision in taking the skill
tests.
(vi). As per the provisions of article 9 and article 27 of UNCRPD, India is
obliged to make its recruitment processes accessible for all persons with
disabilities by using "advance technologies". The present petition is based on
the above articles also and seeks to put in place complete accessibility norms
for the blind and the low vision in all recruitment processes.
(vii). It is submitted that as there are a number of open source screen reading
softwares available, such as NVDA an SAFA, the cost implications on S.S.C to
ensure accessibility of screen reading while taking the skill test would not be
very high.
(viii). As the software for the skill tests conducted by the SSC is designed by
National Informatics Centre (NIC), it should be ensured that this software
developed by the NIC is compatible with the screen / softwares normally used by
the blind and the low vision.
(ix). Not allowing the visually impaired candidates the facility of screen
reading the magnifying softwares, amounts to the violation of Sections 32 and
33 of the Persons with Disabilities Act because, the terms 'reservation" would
also include accessible recruitment processes in the absence of which
inappropriate candidates may get selected which in turn would be unjust to
those who deserve to get selected. Therefore, in addition to putting in place
screen reading and magnifying softwares all recruitments made after the
directions of this office to the SSC dated 07.04.2011 to be cancelled.
10. As SSC have not submitted any written submissions in the matter ever
since it was referred to them
in April 2011, based on the material available on record and other oral
submissions of the parlies, SSC are
directed to provide appropriate Hindi and English Screen Reading Softwares for
the purpose of skill test of
Stenography and typing in all its examinations in future to the candidates with
blindness or low vision at all
examination centres for such candidates across the country. It may also be
ensured that the softwares are
loaded in the computers well in advance so that the concerned candidates with
blindness or low vision are
not put to any last minute confusion.
11, Without prejudice to the generality of the above directions to the
respondent, the Complainant is
also advised to introduce, in a phased manner, training in the use of inscript
Keyboard since persons with
blindness, if trained can use inscript Keyboard, and, since the practice of
using inscript Keyboard is getting
institutionalised in government establishments.
(Prasanna Kumar Pincha) Chief Commissioner for Persons with Disabilities
Search for old postings at:
http://www.mail-archive.com/[email protected]/
To unsubscribe send a message to
[email protected]
with the subject unsubscribe.
To change your subscription to digest mode or make any other changes, please
visit the list home page at
http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
