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4. With regard to his contention that the respondents are bound to allow additional time of 20 minutes per hour to the visually disabled candidates, the learned counsel for the petitioner relied upon the Office Memorandum dated 26.02.2013 issued by Government of India, Ministry of Social Justice & Empowerment, Department of Disabilities Affairs. while submitting that the said guidelines have been adopted by the Delhi University and Punjab National Bank, the learned counsel would contend that the respondents ought not to have ignored the guidelines issued by the Ministry of Social Justice and Empowerment in terms of the directions of the Chief Commissioner of Persons with Disabilities (CCPD) to ensure uniform and comprehensive policy across the country.
14. Per contra, the learned counsel for the petitioner places reliance upon the Guidelines issued by the Ministry of Social Justice and Empowerment which provides for 20 minutes additional time per one hour.
15. We have carefully gone through the Office Memorandum (OM) dated 26.02.2013 issued by the Government of India, Ministry of Social Justice and Empowerment, Department of Disabilities Affairs, New Delhi under which guidelines were issued for conducting written examination for persons with disabilities. It is evident from the said OM that the guidelines were issued as per the directions of the CCPD to circulate uniform and comprehensive guidelines for conducting examinations for the persons with disabilities for compliance by all concerned. Clause-XI of the said guidelines reads as under:-
16. It is also observed that the said guidelines were circulated to the Secretaries of all Ministries/Departments as well as the Secretary, UPSC requesting to ensure compliance of implementation of the same.
17. It may be added that the Chief Commissioner for Persons with Disabilities (CCPD) is an authority appointed under Section 57(1) of the Disabilities Act, 1995 for the purposes of the said Act. Section 58 of the Disabilities Act, 1995 provided for the functions of the CCPD which included taking steps to safeguard the rights and facilities made available to persons with disabilities.
18. That being so, the guidelines dated 26.02.2013 issued by the Ministry of Social Justice and Empowerment on the recommendation of CCPD apparently for the purpose of safeguarding the rights and facilities made available to persons with disabilities, cannot be treated as mere executive instructions as sought to be contended by the respondents. According to us, the guidelines dated 26.02.2013 which are issued for effective implementation of the provisions of the Disabilities Act, 1995, have statutory force and are bound to be implemented by all the departments and authorities.