Amar, Just go to Jodhpur to the High Court. 
Only problem is ensure that  the Petitioner, the backer and the lawyer are
going to follow the case sincerely. 
In my experience most litigants don't bother about their case and leave it
to the lawyer. 

This is dangerous if the lawyer is not familiar with disability law. 
The rest we can discuss offline.
Kanchan  
-----Original Message-----
From: AccessIndia [mailto:[email protected]] On Behalf
Of Amar Jain
Sent: 05 October 2015 15:42
To: accessindia
Subject: [AI] State Public Service Commissions not following the examination
guidelines: is constitutionality an issue?

Dear All,

Other than Kanchan mam (whom I will separately speak too), who all
have worked on implementation of examination guidelines for PWDs in
relation to UPSC / SPC?

RPSC (Rajasthan) does not follow the exam guidelines and has its own
conditions. One of my friend who is well positioned financially is
willing to take this to Court as his other attempts have failed.

Given that public service commissions derive their powers from
Constitution (Article 320) which casts a necessary obligation on the
Government to consult them in respect of all matters pertaining to
civil services, can the Government by relying on the consultancy
offered by the public service commission deny to align the rules with
the central guidelines which will be legally treated as executive
instructions issued under the PWD Act? Going by the law, the first
level of approachable body therefore will be State PWD commissioner?
Which in this case is not aware of the developments and rules and
regulations, therefore even if we as lawyers do our job well, getting
any good decision out of that office is a likely impossibility.

What other issues you have faced? Any other challenges to flag off? I
would be rather interested in taking this directly to high court. What
has been the status of Mumbai and Delhi cases against UPSC? Was it
being disposed off given that due to the interim orders UPSC changed
its rules before the exam?

 Finally, if anyone happens to have the readable copies of rules and
regulations including the validation act of Rajasthan in relation to
public service commission, then please do e-mail.

Regards,
 --
Amar Jain.
Website: www.amarjain.com



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