As per case facts, the Visually Impaired Bank Employees Welfare Association challenged the promotion policy of the State Bank of India for Senior Management Grade Scale IV and V posts. ...
W.P.(C) 6027/2025 Page 1 of 28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Reserved on: 02.04.2026
% Judgment Delivered on: 29.05.2026
+ W.P.(C) 6027/2025
VISUALLY IMPAIRED BANK EMPLOYEES WELFARE
ASSOCIATION .....Petitioner
versus
STATE BANK OF INDIA AND ORS. .....Respondents
Advocates who appeared in this case
For the Petitioner: Mr. Rahul Bajaj and Ms. Sarah,
Advocates.
For the Respondents: Mr. Santosh Rout, S.C. with Mr.
Divyam Nandrajog, Mr. Dhruv
Kaushik, Advocates for R-1.
Mr. Nishant Gautam, CGSC with Ms.
Kavya Shukla, Mr. Vineet Negi, Mr.
Naman Sharma and Ms. Theresa
Shiji, Advocates for R-2 to R-4.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TEJAS KARIA
JUDGMENT
TEJAS KARIA, J
1.The present Writ Petition has been filed by the Visually Impaired
Bank Employees Welfare Association under Article 226 of the Constitution
of India, 1950 (“Constitution”) challenging the promotion policy
W.P.(C) 6027/2025 Page 2 of 28
(“Impugned Policy”) of the State Bank of India, Respondent No. 1 for the
post of Senior Management Grade Scale (“SMGS”) - IV and V, which
mandates prior experience as a Branch Manager or in assignments related to
credit / trade finance and foreign exchange, the roles that are inherently
inaccessible to visually impaired officers due to the absence of assistive
technology and the visual nature of the tasks involved seeking the following
prayers:
“A. A writ, order or direction declaring the Impugned Requirement
in the Promotion Policy of the State Bank of India, for promotion
from Scale III MMGS III to SMGS IV and SMGS IV to V in the
respondent No. 1 bank as unconstitutional.
B. Issuance of directions to the respondent No. 1 to evolve a suitable
mechanism for promoting visually impaired bank employees from
MMGS III to SMGS IV and SMGS IV to V in the respondent No. 1
bank.
C. Directing the respondent No. 1 to comply with the
recommendation of the CCPD dated 01.12.2022.
D. In the alternative to prayer A-C, a direction to the Respondent
No. 1 bank to issue appropriate instructions exempting persons with
visual disabilities from the Impugned Requirement.
E. Direct Respondent No. 1 bank to consider the promotion of blind
officers who lost four opportunities for promotion to Scale IV
(2021–2025) with retrospective effect.”
2.The Petitioner comprises of over 600 members with visual disabilities
employed in various banks across India. The Petitioner contends that the
Impugned Policy amounts to direct and indirect discrimination under the
Rights of Persons with Disabilities Act, 2016 (“RPwD Act”) and the
Constitution. Despite a clear order by the Chief Commissioner for Persons
with Disabilities (“CCPD”) on 01.12.2022 recommending reasonable
W.P.(C) 6027/2025 Page 3 of 28
accommodations and policy modifications, Respondent No. 1 has refused to
comply, which has resulted in the systemic exclusion of visually impaired
officers from promotional avenues.
3.The Petitioner seeks to demonstrate in the present Petition that the
functions of a Branch Manager and a Credit Officer cannot be independently
discharged by visually impaired employees, as these roles entail tasks
involving visual verification, physical inspection, and the assumption of
legal responsibilities, which cannot be delegated to sighted colleagues, being
core and essential functions of the posts concerned.
4.It is further contended that the rigid insistence upon prior discharge of
these roles as asine qua nonfor promotion, despite structural impediments
such as the inaccessibility of hard-copy documentation, the absence of
screen reader-compatible systems, and the lack of an appropriate risk-
allocation mechanism to address personal liability, forms the gravamen of
challenge in the present Petition.
5.Accordingly, the present Writ Petition challenges Clause D of the
Impugned Policy insofar as it mandates service as a Branch Manager or in
Credit / Trade Finance / Forex / Measurable Position assignments as a
precondition for promotion, on the ground that the said requirement is
unconstitutional and contrary to the provisions of the RPwD Act.
SUBMISSIONS ON BEHALF OF THE PETITIONER
6.The learned Counsel for the Petitioner submitted that:
6.1.The visually disabled bank employees perform their functions in
the following ways:
a.Utilisation of Screen Reader Technology: A visually impaired
bank officer can effectively perform their duties using a
W.P.(C) 6027/2025 Page 4 of 28
screen-reader software that converts on-screen text into speech.
When documents and materials are provided in an accessible
format, the officer can independently access and process
information. The software further enables independent typing
and navigation on a computer system.
b.Accessibility of Documents and IT-Based Solutions: To be
compatible with screen-readers, documents must be in an
OCR-enabled, machine-readable format. Furthermore, any IT-
based banking solutions, including mobile phone applications
and websites, must comply with the Government of India
accessibility guidelines and BIS Standard IS 17802 (Parts 1 &
2) to ensure full usability for visually impaired employees.
c.Communication and Presentation Skills: Bank officers with
visual disabilities, like their non-disabled counterparts, can
develop strong communication and presentation skills,
enabling them to perform roles requiring client interaction,
report generation, and other essential workplace functions.
6.2.The Petitioner has 37 members employed with Respondent No. 1
in Scale-III. These officers, including persons with low vision and
visual impairment, discharge a range of functions in areas such as
marketing, loan recovery, digital banking, cross-selling, financial
inclusion, and training.
6.3.Under the Impugned Policy, the following preconditions are
required to be satisfied for the promotion of a bank officer from
Scale-III to Scale-IV and from Scale-IV to Scale-V (“Impugned
Requirements”):
W.P.(C) 6027/2025 Page 5 of 28
Promotion to MMGS
III to SMGS IV
Promotion to SMGS
IV to SMGS V
Mandatory
assignment
Two years’ service as
Branch Manager in Scale-
II / III incumbency
branch(es). OR 2 years’
service in an assignment
related to Credit or Trade
Finance or Forex
(Budgetary / Measurable
positions) across all
Verticals viz. CAG /
CCG / IBG / SARG /
R&DB in MMGSII / III
grades.
Minimum of 4 years
of Branch Experience
[excluding probation
period in any vertical
(CAG/ CCG/IBG@/
SARG/ R&DB)] out
of which minimum 2
years as Branch
Manager in Scale- III/
IV incumbency
branch(es) in R&DB
Vertical.
Weightage
for Branch
experience
4 years or more in any
vertical: 5 >=3 years <4
years in any vertical: 3
7 years or more in
any vertical: 5 >=6
years <7 years in any
vertical: 3
6.4.The Impugned Policy further provides for the award of 5 marks in
the final promotion merit list for two years of branch experience.
This is not a mere procedural stipulation, but a material component
of the promotional framework from which many visually impaired
officers stand systematically excluded. Notwithstanding that the
Impugned Policy has remained in force for over three years,
certain blind officers employed with Respondent No. 1 have yet to
be posted to branches, thereby rendering them ineligible to secure
the said 5 marks.
6.5.The failure to assign blind officers to branch postings, despite their
requests and eligibility, demonstrates an arbitrary and
unreasonable application of the Impugned Policy, thereby
W.P.(C) 6027/2025 Page 6 of 28
rendering it inaccessible to persons with visual disabilities and
resulting in a denial of equal opportunity, reflective of systemic
discrimination.
6.6.In contradistinction, other Public Sector Banks have extended
reasonable exemptions and accommodations to facilitate the career
progression of blind officers. By way of illustration, Mr. Ahul
Gambhir, Ms. Nikita Raut and Mr. Ashwini Agarwal, who are
members of the Petitioner, are presently serving as Bank Managers
in other Public Sector Banks, including Punjab National Bank,
which have adopted inclusive practices in conformity with the
rights of persons with disabilities (“PwDs”).
6.7.The responsibilities, nature of task and availability of assistive
technology for the roles of Bank Manager and Credit Officer are as
follows:
a.Branch Manager responsibilities:
S.
No.
Responsibility Nature of task Assistive
Technology
1 Takeover of
branch document
All documents in hard
copy including
verifying signatures
No assistive
technology
2 Inspection of
borrower units
Inspection of location
of unit, activity carried
on, type and quantity of
stocks available etc.
No assistive
technology
available
3 Perfection of
security (Creation
of mortgage,
hypothecation,
lien etc.)
Involves authenticating
originality of title
deeds of properties
offered as security,
creation of
hypothecation charges
etc.
No assistive
technology
available to
authenticate
originality of title
deeds.
W.P.(C) 6027/2025 Page 7 of 28
4 Monitoring of
staff entering and
exiting strong
room (containing
cash and jewelry)
Constant monitoring of
CCTV cameras and
visiting strong room
No assistive
technology
available
5 Tallying of gold
loan bags
Involves ensuring that
tally with number of
loans given against the
number of gold loan
bags
No assistive
technology
available
6 Sanction of loans
& advances
Involves perusing
information in KYC,
tax returns, appraisal
form, legal opinions
and valuations of
properties, pre-sanction
report etc.
No assistive
technology to
peruse hard copies
involving
financials, title
deeds including
manuscripts,
signatures etc.
7 Physical safety of
branch office
Ensuring presence of
fire extinguishers,
renewal of gun licenses
etc.
No assistive
technology
8 Financial
transactions &
customer
information
amendments
Involves passing of
cheques and customer’s
personal information
amendments like
change of mobile
number. To be done
only after verifying
customer request
including tallying
signature.
No assistive
technology
b.Credit Officer responsibilities:
S.
No.
Responsibility Nature of task Assistive
Technology
1 Pre-sanction
survey
Inspecting business
unit, establishing its
location, unit being
No assistive
technology
W.P.(C) 6027/2025 Page 8 of 28
carried on, stock
present in the unit,
machinery available,
borrower’s residence
etc.
2 Inspection of
collateral
security
Perusing title deeds of
property (including
manuscripts), verifying
originality of such title
deeds, inspecting
location of property
offered as collateral
etc.
No assistive
technology
3 Appraisal Perusing tax returns
and other business
documents in hard
copies, establishing
their originality
including verifying
signatures
No assistive
technology
4 Documentation
and creation of
charge
Includes ensuring
filling up of documents
and obtaining borrower
signatures, creation of
charge which includes
establishing originality
of documents etc.
No assistive
technology
5 Post sanction
survey and loan
maintenance
Includes verifying
originality of asset
purchased out of bank
finance like machine,
vehicle, stock, factory
etc. periodical
inspection of business
units to verify
continuity of business
activity, stock
purchased, presence of
machinery etc.
No assistive
technology
W.P.(C) 6027/2025 Page 9 of 28
6 Financial
transactions
Includes customer
handwritten cheques,
transfer forms etc.
including tallying
customer signatures
No assistive
technology
6.8.The bank officers with visual disabilities are unable to perform the
role of Branch Manager or assignments related to credit / trade
finance due to the following reasons:
a.Visual nature of tasks: The roles contain too many things that
have to be carried out by perusing the physical environment,
such as identifying people, identifying locations of properties,
business activity, stocks, monitoring CCTV footage, etc.
Currently, the bank provides no assistive technology that
enables a blind person to do it.
b.Financial sanctions and transactions: All loan sanctions and
passing of financial transactions are done in SBI are
mandatorily in hard copies. Since the accuracy of information
and tallying customer signatures are indispensable, OCR
technology also does not suffice.
c.Human assistance: Since all the tasks involve financial risk and
are fraud-prone, human assistance cannot be simply relied
upon. The bank does not have a policy on staff accountability,
and neither the person who reads out information nor the
visually challenged manager who acts upon such information
is held accountable when things go wrong.
W.P.(C) 6027/2025 Page 10 of 28
6.9.A blind officer cannot reasonably be expected to sign the “Branch
Manager Monthly Certificate”, which every Branch Manager is
required to submit certifying compliance with diverse banking
regulations, for which the officer bears both direct and vicarious
liability, solely on the basis of oral inputs furnished by an assistant,
particularly when legal accountability for any false certification
cannot be clearly attributed either to the blind officer or to the
assisting personnel.
6.10.Officers in Scale-III and Scale-IV are capable of discharging a
broad spectrum of functions across multiple verticals, including
customer service, grievance redressal, digital banking, information
technology systems, marketing, and operations. Such roles
encompass responsibilities in backend operations, digital
transformation, product management, and service delivery, and
may involve,inter alia, the advancement of digital initiatives,
management of UPI and e-commerce platforms, support for card
operations, and the facilitation of cross-selling and marketing
strategies.
6.11.It is pertinent to note that Public Sector Banks across the country
have neither identified the posts of Branch Manager and Credit
Officer as suitable for visually impaired persons nor deployed
visually impaired officers in such roles. As per SBI e-circular
dated 10.02.2012, 33 posts have been identified as suitable for
officers with low vision and 17 posts for officers with visual
impairment; however, neither the post of Credit Officer nor that of
Branch Manager forms part of the identified cadre.
W.P.(C) 6027/2025 Page 11 of 28
6.12.By Office Memorandum, the Ministry of Finance, Department of
Financial Services, directed Ministries, Departments, and Central
Public Sector Enterprises to identify posts that can be readily
performed by PwDs, particularly in Groups B, C, and D, and to
ensure, as far as possible, that such officers are permitted to
continue in those roles. The said guidelines further emphasise that
where a person with disability can perform the same duties as
others efficiently, such person ought not to be restricted or
confined to specified roles. The Impugned Policy, however,
disregards this directive and erects systemic and artificial barriers
to the promotion of visually impaired officers who are otherwise
fully capable of discharging their duties.
6.13.The Petitioner had preferred a complaint before the Chief
Commissioner for Persons with Disabilities (“CCPD”), impugning
the discriminatory effect of the Impugned Policy upon visually
impaired employees. In its observations, the CCPD noted that the
RPwD Act guarantees equality in employment and that no policy
may be framed in a manner that discriminates against PwDs. The
CCPD further found that the requirements of branch experience,
mandatory Branch Manager assignments, and credit assignments
in the promotion process effectively exclude visually impaired
employees, since such roles entail visual verification and cannot be
independently discharged by them. Consequently, such employees
are placed either in a position of dependence upon assistance from
others or are altogether excluded from consideration for promotion
to SMGS-IV and SMGS-V. The CCPD accordingly recommended
W.P.(C) 6027/2025 Page 12 of 28
that the Impugned Policy be modified to provide reasonable
accommodation and ensure equal opportunity for visually impaired
employees. It further suggested that equivalent weightage be
accorded for functions capable of being performed independently
and without undue risk, that alternative roles suited to visually
impaired employees be considered for promotion evaluation in lieu
of branch experience and credit assignments, and that the overall
promotion policy be reviewed so as to eliminate exclusionary
provisions and secure compliance with the principles of equal
opportunity.
6.14.Respondent No. 1, in reply to the order issued by the CCPD, stated
that the Impugned Policy is consistent with the RPwD Act and
does not contravene any legal provision. Respondent No. 1
contended that it had already implemented exemptions for PwDs
in terms of Government directives, including exemption from
mandatory rural and semi-urban assignments. It was, however,
maintained that other mandatory assignments, including branch
postings, are essential for operational and managerial exposure and
are not discriminatory in nature. Respondent No. 1 further asserted
that dispensing with such requirements would serve neither the
interests of the institution nor those of the employees.
Consequently, Respondent No. 1 expressed its inability to
implement the recommendations of the CCPD and requested that
its compliance report be taken on record.
6.15.Pursuant to the aforesaid reply of Respondent No. 1, the Petitioner
submitted a representation dated 15.05.2023 to the Ministry of
W.P.(C) 6027/2025 Page 13 of 28
Finance reiterating the grievance raised before the CCPD and
asserting that Respondent No. 1 was declining to comply with the
aforesaid recommendations on specious grounds.
6.16.The mandatory insistence upon the Impugned Requirements
amounts to direct discrimination against the visually impaired
employees of Respondent No. 1, inasmuch as the roles
contemplated thereunder involve functions such as cash handling,
physical verification of documents, and surveillance oversight,
which cannot be effectively performed by persons with visual
disabilities. By imposing such requirements upon visually
impaired employees, Respondent No. 1 has created an inherently
unequal standard by placing them on par with employees who do
not suffer from visual disabilities. As a consequence, visually
impaired employees are rendered unable to qualify for promotion,
thereby resulting in career stagnation and exclusion from higher
posts.
6.17.There exists no objective justification for such differential
treatment, which is violative of the right to equality guaranteed
under Article 14 of the Constitution. The principle of reasonable
accommodation mandates the creation of alternative pathways for
visually impaired employees so as to ensure that their career
progression is not unjustly impeded.
6.18.The refusal of Respondent No. 1 to comply with the order of the
CCPD, absent any cogent justification, demonstrates a disregard
for recommendations intended to secure equal opportunity.
Visually impaired employees are thereby confronted with a
W.P.(C) 6027/2025 Page 14 of 28
“Hobson’s Choice”, namely, either to accept roles for which they
are ill-equipped or insufficiently supported, or to face stagnation at
Scale-III and the attendant humiliation of being superseded. This
results in an untenable situation in which the career advancement
of visually impaired employees is made conditional upon assuming
responsibilities that aggravate the challenges arising from their
disability.
6.19.The Supreme Court has, inState of Kerala v. Leesamma Joseph
2021 SCC OnLine SC 435, held that functional requirements can
become ruse for denial of promotion to the PwDs, which results in
frustration and stagnation. It was further held that to ensure that the
disability does not become a reason for denial of promotion, it is
necessary to evolve a method to address the issue of stagnation of
the PwDs.
6.20.Under the first proviso to Section 34(1) of the RPwD Act, read
with the Office Memorandum dated 17.05.2022 issued by the
DoPT, Ministry of Social Justice and Empowerment, Government
of India, PwDs are entitled to reservation in promotion. It is
contended that the impediments created by the Impugned
Requirements render the said entitlement illusory insofar as the
members of the Petitioner are concerned.
6.21.The members of the Petitioner are presently discharging a wide
range of roles and responsibilities within Respondent No. 1 and
that there exists no justifiable reason to conclude that they are
incapable of performing analogous functions at the higher levels of
Scale-IV and Scale-V.
W.P.(C) 6027/2025 Page 15 of 28
6.22.Respondent No. 1 has neither demonstrated the manner in which a
visually impaired person may effectively discharge the full range
of functions of a Branch Manager or Credit Officer, nor furnished
any cogent justification for its refusal to implement the
recommendations of the CCPD.
6.23.In view of the above, the Petitioner has prayed for granting the
prayers as sought in the present Petition.
SUBMISSIONS ON BEHALF OF THE RESPONDENTS
7.The learned Counsel for Respondent No. 1 submitted that:
7.1.The present Petition is not maintainable, as it does not conform to
the Delhi High Court (Public Interest Litigation) Rules, 2010
(“PIL Rules”), inasmuch as the Petitioner lacks the requisite locus
and has failed to place on record adequate authority for the
institution of the present proceedings. Rule 7(ii) of the PIL Rules
expressly excludes service matters from the purview of public
interest litigation. Since the present Petition directly concerns the
promotional criteria applicable to the employees of Respondent
No. 1, it squarely falls within the ambit of a service matter and is,
therefore, not maintainable as a PIL.
7.2.The Petitioner claims to represent the interests of visually impaired
employees of Respondent No. 1, who are stated to be its members.
In the event of success, the Petitioner and its members would
directly derive the benefit of the reliefs sought and, consequently,
the present proceedings cannot be maintained in the form of a
public interest litigation.
W.P.(C) 6027/2025 Page 16 of 28
7.3.It is further contended that the Petitioner has failed to disclose the
names and addresses of its office bearers in accordance with Rule
9(i)(f) of the PIL Rules and that the Petition is liable to be
dismissed on that ground alone. It is also submitted that the
Petitioner has not disclosed the names and places of posting of the
employees of Respondent No. 1 who are stated to be its members
and to be aggrieved by the Impugned Policy.
7.4.No grievance whatsoever has been received from any visually
impaired employee of Respondent No. 1 regarding any alleged
inability to discharge the assignments constituting the “mandatory
assignment” under the Impugned Policy for promotion to the
Senior Management Grades.
7.5.No representation was made by the Petitioner to Respondent No. 1
in accordance with Rule 9(i)(h) of the PIL Rules read with the
proviso thereto. Respondent No. 1, being responsible for
appointment and general superintendence over its officers, is stated
to be the proper statutory authority under Sections 17(1) and 43 of
the State Bank of India Act, 1955 (“SBI Act”). The representation
referred to in paragraph 6 of the Petition, according to Respondent
No. 1, was addressed to the Finance Minister, Government of
India, and not to Respondent No. 1. On that basis, it is contended
that the Petition is liable to be dismissed on this ground as well.
7.6.Although the Petitioner claims to have 37 officers in Scale-III
employed with Respondent No. 1, it has failed to demonstrate any
actual prejudice suffered by them as a consequence of the
Impugned Policy. It is submitted that, if such prejudice had in fact
W.P.(C) 6027/2025 Page 17 of 28
arisen, the Petitioner was in a position to furnish specific instances
thereof. The failure to provide any such particulars is stated to
indicate that none of the Petitioner’s members has specifically
authorised the institution of the present Petition. Accordingly, it is
contended that the Petitioner lacks locus in the absence of any
identified harm suffered by any of its members employed with
Respondent No. 1.
7.7.The present Petition discloses no cause of action against
Respondent No. 1. According to Respondent No. 1, it has in place
a fully functional and inclusive mechanism for the promotion of
visually impaired employees from MMGS-III to SMGS-IV and
beyond. On that basis, the Impugned Policy is stated to be
constitutionally valid and not violative of either the RPwD Act or
the Constitution.
7.8.Clause 5(d) of the Impugned Policy prescribes, for promotion to
SMGS-IV, two years’ service as a Branch Manager in Scale-II/III
incumbency branch(es) or two years’ service in an assignment
relating to credit, trade finance, or forex across all verticals in
MMGS-II/III grades. It is further submitted that, for promotion to
SMGS-V, the prescribed criteria are those set out in the Impugned
Policy governing service in the relevant branch and managerial
assignments.
7.9.Although the Petitioner contends that visually impaired officers are
capable of performing a wide range of roles and, therefore, ought
not to be required to undergo the mandatory assignments, neither
the RPwD Act nor the DoPT Guidelines confer a right upon such
W.P.(C) 6027/2025 Page 18 of 28
officers to seek promotion to senior positions without discharging
responsible assignments which are also required of non-visually
impaired officers. Respondent No. 1 contends that many visually
impaired officers seeking promotion to senior posts are already
discharging the mandatory assignments and are being considered
for promotion to the Senior Management Grades.
7.10.In the Delhi Circle alone, 15 officers with visual impairment are
serving in MMGS-III, of whom 8 are presently discharging the
mandatory assignments. According to Respondent No. 1, the
remaining visually impaired officers are to be assigned mandatory
roles in due course, prior to their respective promotion years, in
accordance with the extant Impugned Policy. It is further
submitted that visually impaired officers who have completed the
minimum assignment period have already been included within the
zone of consideration for promotion to SMGS-IV in the promotion
year 2025–26. On that basis, Respondent No. 1 contends that the
assertion that visually impaired officers are unable to perform the
functions of Branch Manager or credit-related assignments is
misconceived and that the present Petition is devoid of merit.
Accordingly, no barrier or discrimination within the meaning of
the RPwD Act is made out against Respondent No. 1.
7.11.Without prejudice to the aforesaid submissions, Respondent No. 1
operates in a heavily regulated sector and that officers at the Senior
Management level are expected to be well versed in critical
functions and to provide necessary oversight over the discharge of
duties by the middle management cadre. The performance of the
W.P.(C) 6027/2025 Page 19 of 28
roles contemplated by the Impugned Requirements strengthens the
quality of such oversight and safeguards the institution as a whole.
Visually impaired officers are already meeting the criteria under
the Impugned Policy and that the Petitioner has furnished no
credible basis to contend otherwise. The concerns of PwD
candidates have already been accommodated by exempting them
from service in rural and semi-urban centres as a qualifying
requirement for promotion to MMGS-III. Accordingly, the
Petitioner cannot seek selective exemption from other mandatory
roles when a common assessment baseline has already been
satisfied by visually impaired candidates.
7.12.Respondent No. 1 is in compliance with the applicable law, the
DoPT Guidelines, and other instructions governing PwD
candidates, including visually impaired candidates, in matters of
recruitment and promotion. Respondent No. 1 provides employees
with various assistive devices to enable them to discharge their
duties effectively.
7.13.Visually impaired candidates are already discharging the roles of
Branch Manager and Credit Officer as part of the mandatory
assignments and, therefore, the allegation of discrimination urged
by the Petitioner is untenable. Accordingly, the present Petition
deserves to be dismissed.
8.The learned Counsel for Respondent Nos. 2 and 4 submitted that:
8.1.Respondent No. 4 issued Guidelines dated 31.03.2014 prescribing
facilities to be extended to PwDs employed under the Government
for the efficient discharge of their duties. Respondent No. 2
W.P.(C) 6027/2025 Page 20 of 28
circulated the said Guidelines to all Public Sector Banks by
communication dated 18.11.2014. The Guidelines set out the
measures to be adopted for extending such facilities to ensure the
efficient performance of duties by PwDs.
8.2.The aforesaid Guidelines dated 31.03.2014 were subsequently
updated and consolidatedvideOffice Memorandum dated
02.02.2024 issued by Respondent No. 4. The updated Guidelines
were thereafter circulated by Respondent No. 2 to all Public Sector
Banksvideletter dated 30.09.2024.
8.3.The Public Sector Banks, including Respondent No. 1, are
commercial entities governed by their respective Boards of
Directors and have been accorded managerial autonomyvide
communication dated 22.02.2005 issued by Respondent No. 4,
which,inter alia, authorises such banks to take decisions on
human resource matters including staffing pattern, recruitment,
placement, transfer, training, and promotion.
8.4.Since Respondent No. 1 is governed by the State Bank of India
Act, 1955 (“SBI Act”), Section 43(1) thereof empowers
Respondent No. 1 to appoint such officers and employees as it
considers necessary or desirable for the efficient discharge of its
functions and to determine the terms and conditions of their
service. In exercise of the said power, Respondent No. 1 has
framed the Officers’ Service Rules, 1992, which govern the
service conditions of its employees.
W.P.(C) 6027/2025 Page 21 of 28
8.5.On the aforesaid basis, it was prayed that Respondent Nos. 2 and 4
be deleted from the array of parties as no substantive relief has
been sought against them in the present Petition.
ANALYSIS AND FINDINGS
9.We have heard the learned Counsel for the Parties.
10.The Petitioner asserts that the present Petition has been instituted to
bring into focus the alleged failure of Respondent No. 1 to comply with the
recommendation of the CCPD in relation to the criteria governing promotion
from Scale-III to Scale-IV and Scale-V, which, according to the Petitioner,
operate in a discriminatory manner against persons with blindness and low
vision.
11.The reliefs sought by the Petitioner include a declaration that the
Impugned Requirements contained in the Impugned Policy of Respondent
No. 1 are unconstitutional, together with a direction to evolve a suitable
mechanism for the promotion of visually impaired employees from MMGS-
III to SMGS-IV and SMGS-V in Respondent No. 1. The Petitioner further
seeks a direction requiring Respondent No. 1 to comply with the
recommendation of the CCPD dated 01.12.2022. In the alternative, the
Petitioner prays for issuance of appropriate instructions exempting persons
with visual disabilities from the Impugned Requirements.
12.The Impugned Requirements stipulate that, for consideration for
promotion to SMGS-IV, an officer must have completed two years’ service
as a Branch Manager in Scale-II/III incumbency branch(es) or two years’
service in an assignment relating to credit, trade finance, or forex in MMGS-
II/III grades. Likewise, for promotion from SMGS-IV to SMGS-V, the
officer must possess a minimum of four years’ branch experience in any
W.P.(C) 6027/2025 Page 22 of 28
vertical, of which at least two years must have been served as a Branch
Manager in Scale-III/IV incumbency branch(es) in the R&DB vertical. The
Petitioner contends that its members serving with Respondent No. 1 are
unable to satisfy these mandatory requirements owing to three practical
difficulties said to be faced by blind and low-vision officers.Firstly, the
roles in question involve the identification of persons, locations, business
activities, stocks, and the monitoring of CCTV footage, for which no
assistive technology is stated to have been provided.Secondly, loan
sanctions and the processing of financial transactions are undertaken in
hard-copy form and, given the necessity of accuracy and the verification of
customers’ signatures, OCR technology is stated to be inadequate.And
thirdly, since these tasks entail financial risk and are susceptible to fraud,
reliance upon human assistance alone is stated to be untenable.
13.On that basis, the Petitioner contended that the Impugned
Requirements are incapable of being effectively fulfilled by officers with
visual disabilities. The Petitioner submitted that a Branch Manager is
required to peruse hard-copy documents such as title deeds, customer KYC
records and tax returns, and to undertake physical inspection of borrower
units, authenticate the originality of title deeds, monitor the strong room, and
tally gold loan bags against the loans disbursed. Similarly, a Credit Officer
is required to conduct pre-sanction surveys involving physical inspection of
securities and units, as well as appraisal of collateral securities and title
deeds, all of which are stated to be in hard-copy form. It is further submitted
by the Petitioner that every Branch Manager is required to furnish a Monthly
Certificate certifying compliance with diverse banking regulations, for
which the officer bears both direct and vicarious liability. According to the
W.P.(C) 6027/2025 Page 23 of 28
Petitioner, a blind officer cannot reasonably be expected to sign such a
certificate solely based on oral inputs from an assistant, particularly when
legal accountability for any false certification cannot be clearly fixed either
upon the officer concerned or upon the assisting personnel.
14.The Petitioner further contends that other Public Sector Banks do not
impose requirements of the nature mandated by Respondent No. 1 as a
precondition for promotion and that such banks have adopted inclusive
practices in conformity with the RPwD Act.
15.The Petitioner also submits that the Impugned Requirements place
employees of Respondent No. 1 with visual impairments on the same
footing as employees without such disabilities, thereby operating to their
disadvantage and rendering them unable to qualify for promotion, with the
consequence of career stagnation and exclusion from higher posts. It is on
this basis that the Petitioner seeks reasonable accommodation or alternative
pathways to ensure that the career progression of visually impaired
employees of Respondent No. 1 is not unjustly impeded.
16.Per contra, Respondent No. 1 contends that there is no discrimination
and that the Impugned Requirements contained in the Impugned Policy are
in conformity with the RPwD Act and the Constitution. Respondent No. 1
has also questioned the locus of the Petitioner to maintain the present
proceedings in the form of a PIL, particularly in the absence of any
identified instance of discrimination suffered by any specific member
employed with Respondent No. 1. It is further contended by Respondent No.
1 that several visually impaired employees are successfully discharging the
mandatory assignments prescribed by the Impugned Policy and have, in fact,
been promoted to the Senior Management Grades. On that basis,
W.P.(C) 6027/2025 Page 24 of 28
Respondent No. 1 submitted that the averments in the present Petition are
speculative and do not disclose any concrete instance of discrimination
arising from the Impugned Policy.
17.Having considered the submissions advanced on behalf of the parties,
there can be no cavil that persons with disabilities are entitled to live and
work with equal dignity, and that discrimination against them, including in
matters of promotion, is impermissible.
18.Section 20(3) of the RPwD Act states as under:
“20. (3) No promotion shall be denied to a person merely on
the ground of disability.”
19.It is, therefore, necessary to ensure that officers of Respondent No. 1
with visual disabilities are treated equally and are provided with such
support and facilities as may be necessary to offset the impact of their
disability. InLeesamma Joseph(supra), the Hon’ble Supreme Court held
that where disability operates as an impediment to satisfying the criteria for
promotion, it becomes necessary to evolve appropriate measures to address
the consequent stagnation of persons with disabilities.
20.InRe: Recruitment of Visually Impaired in Judicial Services, 2025
INSC 300, the Hon’ble Supreme Court recognised that criteria which are
facially neutral may nevertheless operate in an indirectly discriminatory
manner against persons with disabilities.
21.In the present case, the Petitioner contends that although the
Impugned Requirements do not expressly prohibit blind and low-vision
officers from seeking promotion, they have the effect of disproportionately
disadvantaging such officers. Accordingly, any provision that creates an
impediment to the promotion of visually impaired officers would run
W.P.(C) 6027/2025 Page 25 of 28
contrary to the provisions of the RPwD Act and the law laid down by the
Hon’ble Supreme Court in relation to the rights and treatment of persons
with visual disabilities.
22.The present Petition has been instituted in the nature of a PIL, even
though the Petitioner asserts that its members are directly affected by the
Impugned Policy. While the maintainability of the Petition as a PIL may
therefore be open to doubt, having regard to the larger issues raised herein
regarding PwDs, we are inclined to entertain the present Petition as PIL.
23.The Petitioner asserts that several of its members are adversely
affected by the Impugned Policy, inasmuch as they are allegedly unable to
discharge the roles contemplated by the Impugned Requirements. However,
the Petitioner has not identified the specific employees stated to have been
impacted by the said Policy and provided details of exact hardship being
faced by them.
24.The Impugned Policy prescribes uniform criteria for promotion within
Respondent No. 1. Respondent No. 1 is governed by the SBI Act and the
Officers’ Service Rules, 1992, in matters pertaining to recruitment, transfer,
training, and promotion. The limited grievance urged by the Petitioner is that
the Impugned Requirements render it difficult for visually impaired officers
of Respondent No. 1 to discharge the functions of a Branch Manager or
Credit Officer, having regard to the nature of the duties associated with
those posts. While the Petitioner has identified the difficulties allegedly
faced by its members, it has not placed on record any practical solutions to
address the same.
25.The Petitioner has contended that the inherent nature of the roles of
Branch Manager and Credit Officer makes it difficult for visually impaired
W.P.(C) 6027/2025 Page 26 of 28
officers to discharge such functions. Although the Petitioner has furnished
illustrations of tasks that, according to it, visually impaired officers are
unable to perform, Respondent No. 1 has, on the other hand, cited instances
where such duties are being discharged by visually impaired officers. In
rejoinder, the Petitioner submitted that the examples relied upon by
Respondent No. 1 pertain to persons with low vision and not total blindness,
and that such officers may possess sufficient residual vision to perform the
tasks in question. The Petitioner has further contended that no assistive
devices or support mechanisms have been provided to enable visually
impaired officers to overcome the substantial obstacles highlighted in the
present Petition.
26.The Petitioner, being an organisation representing blind and low-
vision bank officers serving in public and private sector banks across the
country, is well placed to suggest solutions to the issues identified in the
present Petition. The Petitioner has also submitted that Public Sector Banks
other than Respondent No. 1 have adopted inclusive policies to
accommodate blind and low-vision officers.
27.Respondent No. 1 has contended that the policies adopted by it are
inclusive and do not discriminate against visually impaired officers in
matters of promotion. Respondent No. 1 has also raised an objection that no
representation was submitted to it prior to the institution of the present
Petition.
28.In view of the foregoing, we deem it appropriate to direct the
Petitioner to submit a detailed Representation to Respondent No. 1,
identifying the officers of Respondent No. 1 who are stated to be adversely
affected by the Impugned Policy and setting out concrete suggestions and
W.P.(C) 6027/2025 Page 27 of 28
measures that may enable such officers to comply with the Impugned
Requirements. Such Representation shall also set out the practices adopted
by other Public Sector Banks in relation to similarly situated officers and the
methodology followed by those banks for considering such officers for
promotion. The Representation shall further indicate any alternative pathway
or mechanism by which the mandatory requirements under the Impugned
Policy may be met, so as to obviate stagnation and secure for visually
impaired officers an equal opportunity to compete with other officers of
Respondent No. 1 on a level playing field.
29.Such Representation shall also be accompanied by all documents
upon which the Petitioner seeks to place reliance in support thereof,
including the recommendation of the CCPD that the Impugned Policy be
suitably modified so as to provide reasonable accommodation and ensure
equal opportunity for visually impaired employees by according equivalent
weightage to functions capable of being independently discharged without
undue risk, considering alternative roles suited to visually impaired
employees in lieu of branch experience and credit assignments for the
purposes of promotion evaluation, and undertaking a comprehensive review
of the promotion policy so as to eliminate exclusionary provisions and
secure conformity with the principles of equal opportunity. The said
Representation shall be submitted by the Petitioner to Respondent No. 1
within a period of four weeks from today. Upon receipt thereof, the Board of
Directors of Respondent No. 1 shall examine the Representation and, after
affording an opportunity of hearing to the authorised representative or
Counsel for the Petitioner, consider the suggestions contained therein and
implement the same, to the extent feasible, in furtherance of the objectives
W.P.(C) 6027/2025 Page 28 of 28
of the RPwD Act within a period of twelve weeks thereafter, and shall
communicate the steps taken in that behalf to the Petitioner.
30.The present Petition is disposed of with the aforesaid directions.
TEJAS KARIA, J
DEVENDRA KUMAR UPADHYAYA, CJ
MAY 29, 2026/sms
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