State government rapped for inaction over disability issue


The state government faced the Bombay High Court's ire for not 

complying with its August 9, order for filling up vacancies reserved 

for the disabled by July 31.



Stating that "inaction was writ large on the government's face," a 

division bench of Justices R M Lodha and S A Bobde extended the 

deadline by three more months.



The Court said that unless the backlog - as on June 30 - is filled, 

the government and its 27 departments would be restrained from any 

recruitment for any post on which a handicapped person could be 

appointed.



While hearing the two public interest litigations filed by the 

National Federation of Blind (NFB) and ILS Legal Aid, the Court 

expressed unhappiness over the affidavit filed by the Chief Secretary 

D K Sankaran and said that it was "clearly an eyewash and the claim 

was hollow."



The Court also came down heavily on Associate Advocate-General 

Ashutosh Kumbhakoni when he said that 22.81 per cent of the total 

vacancies for the disabled were to be filled.



"If the government does not know what it's doing, then it should stop 

functioning," Justice Lodha said, adding that the government has put 

the Persons with Disabilities (Equal Opportunities, Protection of 

Rights and Full Participation) Act 1995, in cold storage with no 

effort to implement it.



On August 9, the High Court issued a show-cause notice to Sankaran 

asking why contempt proceedings should not be initiated against him 

for not complying with the February 14 order to fill up vacancies.



Deputy Secretary (Social Justice) Special Assistance Department Jagdeo 

Rathod, in his affidavit, stated that of the 19,202 vacancies reserved 

for handicapped - blind or low vision, hearing-impaired, locomotive 

disability or cerebral palsy, 10,082 had been filled.



However, the affidavit filed by Sankaran a month later, said only 

around 2,700 vacancies were to be filled. This claim was disputed by 

Advocate Uday Warunjikar, appearing for the NFB.



Justice Lodha, then directed Kumbhakoni to ensure that the 

petitioners' advocates be given registers of all 27 government 

departments on September 14, to inspect the total recruitment and 

vacancies in each department till June 30.



The Court directed Disability Commissioner R K Gaikwad to remain 

present for the next hearing on October 5 and file an affidavit in 

three week indicating the exact number of vacancies and fill up the 

backlogs within three months.







URL : http://www.disabilityindia.org/djartsep06C.cfm

KODAKKAL SHIVAPRASAD,FUWAI

Award Winner & Record Holder-International Biographical Note,

URL:- http://kodakkal.ning.com/

http://kodakkalshivaprasad.blogspot.com

http://www.linkedin.com/in/kodakkalshivaprasad



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