Would you please provide a link to this judgement? Regards, Sanchit Katiyar PhD research scholar (University of Delhi)
EMail: sanchitkatiya...@gmail.com On Wed, Dec 5, 2018, 10:57 AM Amit Bhatt <misterbh...@gmail.com wrote: > > ----- Original Message ----- > From: "MEDIA WING NATIONAL FEDERATION OF THE BLIND via NFBINDIA" > <nfbin...@lists.nfbindia.org> > To: <nfbin...@lists.nfbindia.org> > Cc: "MEDIA WING NATIONAL FEDERATION OF THE BLIND" <mediawing...@gmail.com> > Sent: Tuesday, December 04, 2018 7:14 PM > Subject: [NFB India] Read the entire judgement regarding scribe guidelines > > > > S-38 > > IN THE HIGH COURT OF DELHI AT NEW DELHI > > + WP.(C) 12222/2018 > > ADITYA NARAYAN TIWARI& ANR > > Petitioners > > Mr. S.K. Rungta, Senior Adv. with > > Mr. Shivankar Shukla, Mr. Prashant > > Singh and Mr. Siddhart Jain, Advs. > > Through > > versus > > UNION OF INDIA & ANR > > Through Mr. Vivek Goyal, CGSC with Mr > > Pawan Pathak, Adv. for UOUR-1 > > Mr. Jagat Arora, Mr. Rajat Arora and > > Mr. Murad Khan, Advs. for R-2 > > CORAM: > > HON'BLE MR. JUSTICE SURESH KUMAR KAIT > > ORDER > > 04.12.2018 > > No > > 2018 > > By the application No. 50801/2018, applicant/ respondent no.2 > > seek direction thereby to follow the new guidelines dated 29.08.2018 > > without fulfilling the part of Clause-V which speaks about 'creating > > Panel of Scribes. > > The petitioners have filed CM APPL No. 50752/2018 whereby > > seek direction directing the respondent no.2 to conduct the > > examinations for clerical posts scheduled for 9.12.2018 on the basis of > > the guidelines for use of scribe issued by respondent no. 1 vide file > > No. 6-102003/DD-III dated 26.2.2013 instead of guidelines of > > 29.08.2018, which is sought to be enforced and further directing > > Scanned by CamScanner > > > > > > respondent no. to issue elear instructions to all concerned that till > > such time they are able to put in place of panel of scribes at different > > levels in terms of requirements of examination in discharge of their > > obligations under Clause-V of guidelines of 2018, the examinations > > being conducted by them shall be conducted on the basis of guide > > lines issued by respondent no. on 26.02.2013 disposal of the > > present petition. > > On 15.11.2018 during the course of hcaring, the counsel for > > respondent no.2 stated that the representation has been considered by > > thc Department of Empowermen of Persons with Disabilities, > > Ministry of Social Justice &Empowerment and accordingly the > > Department has clarified to respondent no.2 ie. IBPS that the guide > > lines dated 29.08.2018 are applicable for all examinations for the > > recruitment for which advertisement s notified on or after > > 29.08.2018. The guidelines dated 26.02.2013 are applicable for the > > examination for which action has been initiated prior to 29.08.2018. > > Accordingly, this Court observed in order dated 15.11.2018 > > that since the respondent no.2 has taken the decision that they shall > > not implement the guidelincs dated 29.08.2018 in the examination of > > the Probationary Officers and Management Training to be conducted > > on 18.11.2018, the prayer for the said purpose was satisfied, at that > > stage. > > Consequently, this Court directed that necessary changes shall > > be carried out on the portal of respondent no.2 for the examination > > which is to be held on 182018. It was made clear that no > > examination of any of the Department shal be conducted without > > Scanned by CamScanner > > > > > > complying obligations under Clause-V of guidelines dated 29.08.2018 > > issued by the respondent no.1. It is further directed that respondent > > no.l shall communicate this order to all the concerned Departments > > for compliance. > > It is not in dispute that the respondent no. I has conveyed the > > directions dated 151.2018 passed by this Court > > In the present application No. 50801/2018, the applicant / > > respondent no.2 has shown its inability to prepare the panel of scribes > > and therefore, seeks direction to allow the applicant /respondent no.2 > > to follow the new guidelines dated 29.08.2018. > > Learned counsel appearing in CM APPL No. 50752/2018 > > submits that if the respondent no.2 or any other Department is not > > able to prepare panel of scribes, then the petitioners and similarly > > situated persons should be allowed to participate in any of the > > examination, in terms of guidelines dated 26.02.2013. > > Counsel for the respondent no.2 has no objection if such > > direction is issuedl the panel of scribes is formed. > > Accordingly, I hercby modify the order dated 15.11.2018 and > > direct the respondent no.2 to allow the petitioners and other similarly > > situated persons to have scribes of their choicc as per guidelines dated > > 26.02.2013 > > I hereby made it clear that till the panel of scribes is formed, if > > any examination is conducted by any of the Department whercin the > > petitioners and similarly situated persons appear in the exam, the > > guidelines dated 29.08.2018 shall not be applicable, however, the > > candidat > > te shall appear in terms of guidelines dated 26.02.2013. > > Scanned by CamScanner > > > > > > Accordingly, the respondent no. is directed to issue > > corrigendum to their letter dated 28.11.2018. > > In the corrigendum it would be specifically stated that, tll the > > panel of scribesisnot formed, any of the Department who are > > conducting the exam, shall not conduct the exam in terms of > > guidelines dated 29.08.2018. > > Consequently, the neccssary changes shall be carried out on the > > portal of respondent no.2 for the examination to be held on > > 09.12.2018 and 30.12.2018. > > In view of the above directions, both the applications are > > disposed of accordingly > > Order dasti under signatures of Court Master > > SURESH KUMAR KAIT, J > > DECEMBER 04, 2018 > > gb > > High Court of Delhi > > New Delhi > > Court Master > > Scanned by CamScanner > > > > > > > > > > Search for old postings at: > http://www.mail-archive.com/accessindia@accessindia.org.in/ > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in > 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 > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of > the person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > Search for old postings at: http://www.mail-archive.com/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in 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 Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
