Hi Kanchan, I have the following views:
First, the petitioners try to maintain a clearly defined dichotomy between telephone operator and other jobs. While the former is very specific, the later sounds very vague and such vagueness allows perfect ground for the discriminatory practices to be continued. Questions such as: What kind of jobs should be included in the second category? What are the criteria's to bring certain kinds of jobs under this category? What happens when the technology becomes widely available so that certain jobs requiring visual perception can be successfully performed by a totally blind person with usage of the newly available modern technological resources? etc remain unaddressed in this PIL. Second, Why only the telephone operator position to be reserved for totally blind? What happens if all the applicants in a given circumstances are partially blind? Will that post remain vacant under the ground that they haven't found any totally blind candidate? Last but not the least, I don't understand the logic behind the tendency to divide certain jobs with the 50% allocation for partially and totally blind people respectively. Those jobs may attract different combinations and permutations of candidates and the proportion is not necessarily uniform all the time. In such circumstances, this provision may become a mean to always keep certain jobs vacant under the ground that there aren't sufficient candidates and the impact of such discriminatory practices may fall on totally as well as partially blind candidates. To be precise, there are so much of vagueness and one needs to clear the air before deciding the criteria for allocation of jobs to both the categories. Vetri. ----- Original Message ----- From: "Pamnani" <[EMAIL PROTECTED]> To: <[email protected]> Cc: "K.Ramkrishna" <[EMAIL PROTECTED]> Sent: Friday, January 19, 2007 11:09 PM Subject: [AI] Bombay High Court Here is another public interest litigation filed against the Maharashtra Government. It is mainly on the point that the totally blind do not get jobs while the partially sighted get these jobs. Here is the last order passed by the Bombay High Court. Need your comments so that a proper reply can be submitted. This kind of matter needs deep thought and proper consideration with plenty of discussion. all views are welcome off and on the list. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.75 OF 2006 Satyashodh & Ors. ......Petitioners. V/s State of Maharashtra & Ors. ..... Respondents. Mr. U.P. Warunjikar for Petitioners. Mr. V.P. Malwankar, AGP for Respondent Nos. 1 and 2. CORAM: H.L. GOKHALE & V.M.KANADE, JJ. DATE : JANUARY 10, 2007 P.C. 1. Mr. Warunjikar, the learned Counsel for Petitioners, seeks to add National Association for Blinds and National Federation for Blinds as the additional respondents. They are to be added with a view to give some more information on the question which is involved in this matter. 2. Amendment to be carried out by Tuesday the 16 January, 2007. Issue notice to the added respondents, returnable on 24th January, 2007. 3. Mr. Malwankar, the learned AGP appearing on behalf of Respondent Nos. 1 and 2, states that he will take instructions from the Commissioner for handicapped persons as to whether the Commissioner can make two recommendations to the State Government - (i) Whether certain kinds of jobs such as those of Telephone Operators etc. wherever reserved for blinds could be reserved only for the totally blind persons and (ii) whether the Commissioner can make general recommendation to the State Government that as far as other kinds of jobs are concerned, 50% of those jobs could be reserved only for totally blind persons. 4. S.O. to 24th January, 2007. (H.L. GOKHALE, J.) (V.M. KANADE, J.) Kanchan Pamnani Advocate & Solicitor 9, Suleman Chambers, Battery Street, Colaba, Mumbai - 400 039. 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 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
