Also baffling is the  question as to how come most--almost all--backlog
vacancies being advertised are precisely those identified for partially
sighted?

Rajesh.
----- Original Message -----
From: "rajesh asudani" <[EMAIL PROTECTED]>
To: "pamnani" <[EMAIL PROTECTED]>; <accessindia@accessindia.org.in>
Sent: Friday, October 20, 2006 10:13 AM
Subject: Re: [AI] Fw: Recruitment of v.h. by Maharashtra Govt. a deception.


> Thank you for a detailed briefing on what has been taking place. However,
I
> wish to submit that creation of the third category of partially blind in
> addition to the two mentioned in PWD act, is arbitrary and goes against
the
> laid down statutes, and hence, any identification for the said new
category
> and consequent filling up of vacancies for them also militates against the
> rule of law. Had the said category not been created in the first place and
> had the identification of jobs remained confined to the categories of
blind
> and low vision, certainly more posts would have been available for the
> blind. Given the proposition that persons with higher disability should be
> given preference, the lot of the totally blind aspirants would have been
> much better. I do not contend that people with partial sight do not exist,
> however statutorily they have to belong either to totally blind or low
> vision category.
>
> All said and done, I am also aware that life of law [and also that of
legal
> courts and judgments] is not governed by logic but experience. As once one
> famous legal luminary put it: "We are under the Constitution, but
> Constitution is what the judge says it is!"
>
> Regards
>
> Rajesh.
> ----- Original Message -----
> From: "pamnani" <[EMAIL PROTECTED]>
> To: <accessindia@accessindia.org.in>
> Sent: Thursday, October 19, 2006 7:30 PM
> Subject: [AI] Fw: Recruitment of v.h. by Maharashtra Govt. a deception.
>
>
> >
> > ----- Original Message -----
> > From: "pamnani" <[EMAIL PROTECTED]>
> > To: "Keshav Kumar" <[EMAIL PROTECTED]>
> > Sent: Friday, October 20, 2006 07:30
> > Subject: Re: [AI] Recruitment of v.h. by Maharashtra Govt. a deception.
> >
> >
> > > Let me explain this matter in detail
> > > In 2002 ILS a law college in Pune filed a public  interest litigation
> > > against the Maharashtra Government for implementation of the PWD Act.
> this
> > > Petition is numbered as 70 of 2002. In pursuance of this Petition we
got
> > > Low floor buses etc. This is an all inclusive Petition.
> > > Subsequently the National Federation of the Blind, Maharshtra Unit
filed
> > > Petition No. 129 of 2003 for identification of jobs for the blind etc.
> > > Both these Petitions have been heard together so there are concurrent
> > > orders in both these matters.
> > > I will now explain what has been happening on the issue of jobs for
the
> > > visually impaired.
> > > Over the last 3 years various departments of the Maharshtra Government
> > > have been identifying jobs for the disabled.There are about 17 such
> lists
> > > and there matching Government Resolutions. While identifying the jobs
> and
> > > creating these lists an additional category was created
named"Partially
> > > Sighted" within the broad category of visually impaired. So what
started
> > > happening was that the departments started identifying jobs for the
> > > totally blind, low vision, partially sighted. Obviously more jobs were
> > > available for the Partially sighted as compared to those for the
blind.
> > > However after looking at nearly all those 17 lists I find that about
17
> > > jobs have been identified for the blind. This is nearly the same as
> those
> > > in the Central list. Therefore for the limited issue and for the time
> > > being I am going to say the identification process is OK. I will come
> back
> > > to this issue later.
> > > However the creating of a 3rd category in the 1% for the visually
> impaired
> > > is a problem.
> > > Now for the next step the Maharashtra Government did not fill up these
> > > jobs so the Court hadd to intervene. On 7 September 2006 Court ordered
> > > stay of all other recruitments  until the disabled backlog was
completed
> > > and the process should be completed in 3 months. The Petitions are
still
> > > alive and the matters keep  coming up on Board for hearing. The
> government
> > > started issuing advertisements for walk in interviews and for written
> > > applications. Now it has come as a big shock that most of the posts
> being
> > > advertised are for the partially sighted and not for the blind or the
> low
> > > visioned.
> > > The problem is that the advertisements are more or less in line with
the
> > > jobs identified over the years so the advertisements are really not
bad
> in
> > > law in most cases.
> > > Some totally blind friends approached me and I have filed an
> intervention
> > > application in Petition No. 129 of 2003challenging some of the
> > > advertisements which are not in line with the identified jobs and also
> > > challenged the creation of Partially Sighted category.
> > > the matter was on board yesterday however it did not reach but we
> > > mentioned it  at 3 pm but the Court said" we can remedy any wrong
being
> > > done, come back after the vacations". So here we are.
> > > Now we will either have to file a fresh affidavit stating that the
> > > appointments have to be stopped or the totally blind should be
> interviewed
> > > also. There is a Minutes of meeting dated 26 September which states
that
> > > "people suffering from a higher degree of disability should be
> preferred"-
> > > this might help if the totally blind are allowed to give the
interviews.
> > > So the next 2 weeks will be spent in collecting data of discrimination
> > > etc.
> > > I will not go into further detail at this stage. I will copy the order
> of
> > > 7 September 2006 in Petition no. 70 of 2006 in another mail. If you
want
> > > the other orders you will have to go on to the nic site or soon to the
> > > iway site.
> > > Kanchan
> > >
> > >
> > > ----- Original Message -----
> > > From: "Keshav Kumar" <[EMAIL PROTECTED]>
> > > To: "Pamnani" <[EMAIL PROTECTED]>; <accessindia@accessindia.org.in>
> > > Sent: Thursday, October 19, 2006 23:55
> > > Subject: Re: [AI] Recruitment of v.h. by Maharashtra Govt. a
deception.
> > >
> > >
> > >> Hello!
> > >>
> > >> one copy to me also.
> > >> thanks in advance.
> > >>
> > >> regards,
> > >> Keshav.
> > >>
> > >> ----- Original Message -----
> > >> From: "Pamnani" <[EMAIL PROTECTED]>
> > >> To: <accessindia@accessindia.org.in>
> > >> Sent: Wednesday, October 18, 2006 6:29 PM
> > >> Subject: Re: [AI] Recruitment of v.h. by Maharashtra Govt. a
deception.
> > >>
> > >>
> > >>> Hi, I will send it to you. Its in PDF however we are intervening
> > >>> tomorrow so
> > >>> will have more news by day after.
> > >>> Kanchan Pamnani
> > >>> Advocate & Solicitor
> > >>> 9, Suleman Chambers,
> > >>> Battery Street, Colaba,
> > >>> Mumbai - 400 039.
> > >>>
> > >>>
> > >>>
> > >>> ----- Original Message -----
> > >>> From: "Pranay Gadodia" <[EMAIL PROTECTED]>
> > >>> To: <accessindia@accessindia.org.in>
> > >>> Sent: Wednesday, October 18, 2006 1:10 PM
> > >>> Subject: Re: [AI] Recruitment of v.h. by Maharashtra Govt. a
> deception.
> > >>>
> > >>>
> > >>>> Hi Chandrashekar and others,
> > >>>> Can somebody please send me a e-text or scanned copy of this
> > >>>> Maharashtra
> > >>>> High court judgement?
> > >>>>
> > >>>> thanks and best wishes,
> > >>>>
> > >>>> Pranay Gadodia,
> > >>>> Content Research Officer,
> > >>>> Score Foundation.
> > >>>> 125B, Shahpur Jat,
> > >>>> New Delhi - 110 049
> > >>>> INDIA.
> > >>>>
> > >>>> Phone: +91 - 11 - 2649 4582/81
> > >>>> Email: [EMAIL PROTECTED]
> > >>>> Website: www.eyeway.org
> > >>>>
> > >>>> ----- Original Message -----
> > >>>> From: "chandrashekhar kulkarni" <[EMAIL PROTECTED]>
> > >>>> To: <accessindia@accessindia.org.in>
> > >>>> Sent: Tuesday, October 17, 2006 10:33 PM
> > >>>> Subject: [AI] Recruitment of v.h. by Maharashtra Govt. a deception.
> > >>>>
> > >>>>
> > >>>> Friends,
> > >>>>  First of all I wish aHappy and Prosperous Divali.
> > >>>>  Recently as per High Court it has become binding on Maharashtra
> Govt.
> > >>>> to
> > >>>> recruit handicapped to fill up the backlog of reservation. But in
> > >>>> almost
> > >>>> 80%
> > >>>> of ads only partially sighted with 40% of vision are eligible to
> apply.
> > >>>> Totally blind because of this get very much frustrated. Further in
> > >>>> reality
> > >>>> the jobs are given to those who really do not come under the
catagory
> > >>>> of
> > >>>> v.h. but by hook or crook manage to get a Dr's certificate. I feel
> the
> > >>>> categorisation of v.h. done in most of eye hospitals is
unscientific.
> A
> > >>>> person seeking a certificate there in most of the cases is just
asked
> > >>>> to
> > >>>> identify the number of fingers and if a person says he cannot see
the
> > >>>> fingers he is given a totally blind person certificate and the same
> > >>>> person
> > >>>> if partially sighted after some days manages to get a partially
blind
> > >>>> certificate with the result the same person has both the
> certificates.
> > >>>> Isn't
> > >>>> it rediculous? But because of this totally blind persons, in spite
of
> > >>>> having
> > >>>> the ability is unable to get a
> > >>>> job.
> > >>>>  I feel something needs to be done about this.
> > >>>>  Sincerely,
> > >>>>  C. B. Kulkarni.
> > >>>>
> > >>>> Send instant messages to your online friends
> > >>>> http://uk.messenger.yahoo.com
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> > >>>> the subject unsubscribe.
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