Thanks Amit, I didnt know of this judgement.
Anyone who has anything else to say about this case must say it now. It
will definitely help.
Kanchan
----- Original Message -----
From: "Amit Bhatt" <misterbh...@gmail.com>
To: <accessindia@accessindia.org.in>
Sent: Tuesday, July 26, 2011 9:20 PM
Subject: Re: [AI] Preparation
tofilethepetitionagainsttheScribeGuidelines.....
Dear Akhilesh,
It was a total mismanagement and misconduct shown by the examination
Authority on 24th of July 2011.
The chief Manager, mr. Sanjay Singh who was deputed at my Center, did even
not allow those whose Scribe are under graduate. We all tried to make him
understand but he was not ready to listen anything. when we asked him
whether he can offer a job in SBI to the candidate who is under graduate?
mr. Sanjay said no we won't because the candidate should be graduate as per
the stipulated criteria. We knew what he would answer and this is exactly
what he said! then we asked, when an under graduate cannot be offered job in
your Bank, then how would you not consider the Scribe who is just appearing
his graduation. The candidate or any person would not be called graduate
unless he completes his graduate degree. Till the time he would be just
known as a 12th pass student.
When a Blind candidate wish to appear exam and demand to eliminate the rule
of less than 60% then we are called cheater! When we try to make the people
understand, then they say we are teaching them law!!! but I am surprised to
see the logics and understanding of the senior officers like Mr. Sanjay
Singh! . very Shame!
Anyways, I am pasting the below observation of the Court defining the
meaning of the one grade lower.
Amita vs. Rajiv Yaduvanshi and Ors
Filed Under: Section 31 Persons of the Disabilities Act, 1995
Appellant: Amita
Respondent: Rajiv Yaduvanshi and Ors.
Citation: C.W.P. No. 2067 of 2003 & 3099 of 2003 Decided on 30.5.2003
(Unreported)
Court: In the High Court of Delhi
Judges: B.C. Patel and A.K. Sikri
Amita filed the present appeal against the order of the Delhi Subordinate
Service Selection Board (DSSSB) of not allowing her to appear for the
Trained Graduate Teacher (TGT) entrance exam on grounds that her scribe was
a B.A, second year student.
Facts
Amita was a visually impaired person who obtained her M.A., B.A. (Hons.) and
B. Ed degrees. At the time of the case, she was pursuing her further studies
in M.Ed. She applied for the post of Trained Graduate Teacher (TGT) in
response to an advertisement issued by the Delhi
Subordinate Service Selection Board (DSSSB). Keeping in mind the provisions
of the Persons with Disabilities Act, certain posts were reserved for the
visually handicapped persons. The DSSSB also issued instructions for the
visually handicapped persons taking the examination.
According to the instructions, a visually handicapped candidate had to
arrange for his/her scribe (person who writes the exam for the visually
handicapped persons) at his/her own cost. It was also mentioned in the
instructions that the academic qualifications of the scribe should be one
level below the minimum educational qualification required for the post.
Amita made arrangements for her own scribe, a second year BA (Hons.)
student. The examination commenced and Amita started answering questions
through her scribe.
However, after some time the officer-in charge came and took away the paper
and the admit card on the ground that the scribe was a 2nd year student and
could not be Amita's scribe. According to him, the Scribe should have been
only XIIth pass and therefore she wasn't permitted to act as a scribe.
Amita then filed the present petition. This petition was initially listed
before the Single Judge of the High Court. However, Amita's lawyer made a
submission before the Single Judge that the matter should be treated as
public interest litigation as it was likely to affect a large number of
blind students. The Single Judge accordingly referred the matter to a Higher
Bench.
In the meantime another writ petition was also filed in the nature of
'public interest litigation' raising identical issues. An additional person,
Monica Sharma filed another petition that raised similar issues. In these
circumstances, these petitions were heard together by the Higher Bench of
the High Court.
Arguments made on behalf of Amita
Amita's lawyer contended that the qualifications for the post were BA, B.Ed.
while the qualification of the scribe which was that of a second year
student of BA, was one level lower. According to the lawyer, the action of
the DSSSB was completely unjustified.
The lawyer also argued that such a provision for insisting that candidates
bring their own scribes was in violation with the provisions of Section 31
of the Act and it was the duty of DSSB to provide a scribe for Amita.
Arguments made on behalf of DSSSB
On the other hand, the DSSSB's lawyer argued that there were no instructions
issued by the Government on the subject of arrangement of a scribe. In such
circumstances, it was contended that DSSB had formulated its own guidelines.
According to him, the purpose of the exam was such that the scribe should
not have been in a higher grade than XIIth. Therefore, the action of the
DSSSB was valid.
Observations of the Court
The Court examined the instructions issued by the DSSSB and also the meaning
of the term "one level below". According to the Court, the scribe had not
even completed her graduation and was not a B.Ed.
Accordingly, her qualifications were in congruence with the guidelines laid
down by the DSSSB in their instructions. The writ petition was accordingly
allowed and the Court directed that a fresh exam should be held for Amita.
It was also stated that the results of the TGT exam that had already taken
place should not be declared.
The Court also stated that after Amita had taken the exam, the consolidated
result should be declared within a period of one month and after taking the
results of both these exams, the DSSSB could go ahead with the selection
process.
With respect to Monica's case, it was stated that the timing of the
examination was 10:30 a.m. but she arrived at the center at 11:15 a.m. and
because of that she was not allowed to enter the examination center.
The Court held that in light of this, it was not possible to give any
direction in favor of Monica. However, the Court also added that since fresh
examination was to be held for Amita, it would be open for DSSSB to consider
Monica's request to let her also appear in the examination.
Sections Referred:
a.. Section 31, Persons with Disabilities Act, 1995
----- Original Message -----
From: "akhilesh" <akhil.akhi...@gmail.com>
To: <accessindia@accessindia.org.in>
Sent: Tuesday, July 26, 2011 6:44 PM
Subject: Re: [AI] Preparation to
filethepetitionagainsttheScribeGuidelines.....
Whatever has happened in Delhi on the day of 24th July is not even
sad, but also a foolish act from the part of invigilator and
condemnable in every ways.
Some of our friends went there with the scribe having more than 60% in
class xii and violated the guidelines given in the advertisement and
information handout booklet, some of our friends were not having the
essentially required documents and that’s why they were not allowed to
sit for the written test. I think such candidates will not get any
relief from the court as regard to the 24th july exam. However, there
were also people who were present with the scribe having the exact
qualification and were satisfying all the criterion as per bank
guidelines and rules, but they were also not allowed to sit for the
exam.
I will put it in a simple way,
The people who have produced only the mark sheet of class 12th even of
2003, 2005 were allowed to sit for the exam, but people producing the
mark sheet of 2010 and recent identity card of BA 2nd year were thrown
out from the center.
Amit ji, I fully agree with you that we should go to the court
regarding the matter of 60 percent, but when you have made your mind
for the case, this issue also needs to be raised. I.E. if the scribe
is pursuing graduation, he, or she shall be allowed as a scribe, and I
think you have got my point.
Dear kanchan mam,
Is there any remedy for such aggrieved candidates as mentioned above?
Waiting for your replies,
Akhilesh.
On 7/26/11, HARSHVARDHAN SINGH NEGI <harshvardhan.n...@gmail.com> wrote:
The name of 19 banks are given below
Allahabad Banks / Andhra Bank/ Bank of Baroda/ Bank of India/ Bank of
Maharashtra/ Canara Bank/ Central Bank of India/ Corporation Bank/ Dena
Bank/ Indian
Bank/ Indian Overseas Bank/ Oriental Bank of Commerce/ Punjab National
Bank/
Punjab & Sind Bank/ Syndicate Bank/ Union Bank of India/ United Bank of
India/
UCO Bank/ Vijaya Bank
Thanks
HS Negi
----- Original Message -----
From: "Pamnani" <kanchanpamn...@gmail.com>
To: <accessindia@accessindia.org.in>
Sent: Tuesday, July 26, 2011 12:01 PM
Subject: Re: [AI] Preparation to file
thepetitionagainsttheScribeGuidelines.....
Thanks for the information. It will save me time to find it. So which are
the 19 Banks?
Will someone send the list including the addresses.
I am so glad that we are coming to the stage of everyone cooperating and
we are moving away from the world when our organisations fought each
other
for turf and not the world outside.
K
Kanchan Pamnani
Advocate & Solicitor
9, Suleman Chambers,
Battery Street, Colaba,
Mumbai - 400 039.
----- Original Message -----
From: "Eyeway Helpdesk" <helpd...@eyeway.org>
To: <accessindia@accessindia.org.in>
Sent: Tuesday, July 26, 2011 11:42 AM
Subject: Re: [AI] Preparation to file the
petitionagainsttheScribeGuidelines.....
Dear Kanchan and all:
As rightly said by Mr. Bhavani, a common written examination [CWE] for
recruitment of probationary officers/ management trainees in 19 public
sector banks is to be conducted by the Institute of Banking Personnel
Selection (IBPS) on 18th of September.
Address: IBPS House, Post Box no. 8587, Kandivali (E), Mumbai 400 101
Email: com...@ibpsorg.org
Website: www.ibps.in
I am pasting below the guidelines given in the advertisement; the same
can
be seen on their website also.
Guidelines for Persons With Disabilities using a Scribe
The visually impaired candidates and candidates whose writing speed is
affected by cerebral palsy can use their own scribe at their cost during
the
written examination. In all such cases where a scribe is used, the
following
rules will apply:
The candidate will have to arrange his own scribe at his/her own cost.
The academic qualification of the scribe should be one grade lower than
the
stipulated criteria.
The scribe should possess lesser marks than the candidates and not more
than
60% marks in his/her own academic stream.
The scribe may be from any academic stream.
Both the candidates as well as scribes will have to give a suitable
undertaking confirming that the scribe fulfils all the stipulated
eligibility criteria for a scribe mentioned above. Further in case it
later
transpires that he/she did not fulfill any laid down eligibility
criteria
or
suppressed material facts the candidature of the applicant will stand
cancelled, irrespective of the result of the written examination.
Such candidates who use a scribe shall be eligible for extra time of 20
minutes for every hour of the examination.
With best regards,
Satguru Rathi | Helpdesk Executive
Project Eyeway - A knowledge resource for living a fuller life with
vision
loss
C/o Score Foundation, 17/107 L.G.F., Vikram Vihar, Lajpat Nagar - 4, New
Delhi - 110024. India.
Helpdesk:+91-11-460 70 380 (Monday to Friday 10am to 5pm)
Website: www.eyeway.org.
----- Original Message -----
From: "BHAWANI SHANKAR VERMA" <bsvermad...@gmail.com>
To: <accessindia@accessindia.org.in>
Sent: Tuesday, July 26, 2011 7:49 AM
Subject: Re: [AI] Preparation to file the petition
againsttheScribeGuidelines.....
madam! now banks have decided not to conduct exams individually,
instead,
they are outsourcing the entire process to the companies like IBPS. it
is
like just recruitment process previously done by BSRB. now the vacancies
will be declared by the recruitment company and the name of candidates
will
be provided to the banks by the company. the process has already
started.
we
are remitting the examinee's fee by NEFT to the nodal bank. in my
knowledge
presently it is bank of india. the nodle bank can be changed from time
to
time. other bankers in the group may provide you more information in
this
regard. before any proceeding, please also take note of above.
thanks,
bhawani
----- Original Message -----
From: "Kanchan Pamnani" <kanchanpamn...@gmail.com>
To: <accessindia@accessindia.org.in>
Sent: 26 July, 2011 6:51 AM
Subject: Re: [AI] Preparation to file the petition against
theScribeGuidelines.....
Amit, I like your enthusiasm to fight injustice and for your rights.
However please recheck-
1. there is no rule or order of CCPD which states that the writer
should
have less than 60% marks. I am willing to be corrected.
2. The original rule was that the writer should have less than 50%
marks
and then when this was too much the CCPD came out with a clarification
that this 50% was causing too much hardship and issued a letter dated
14th May 2003. Please check eyeway for the Directions of the CCPD.
3. SS Sisodia filed a case in the CCPD's office challenging the 50%
rule
in 2007 in SBI recruitment exams because the 50% rule just continued.
4. After that SBI as a interim measure in 2007 raised it to 60% and
everyone else seems to have followed it. I am arguing SS Sisodia's
case.
5. Seeing how deep rooted the problem was, the CCPD called a meeting in
2008 to make rules for scribes. These are minuted and have been shared
on
this list many times. It was then sent to various authorities for their
replies. This matter is still pending.
6. In the meanwhile we had the Maharshtra Guidelines which helped not
only
the examinees in Maharshtra but we used it for good effect all over the
country.
7. At the beginning of this year I was rudely awakened to the fact that
the Maharshtra government was not following its own guidelines. Of
course
we dashed to court and the examinee could sit for the common entrance
exam
to the management courses in Maharashtra.
8. Coincidently this matter was decided yesterday and this 60% rule has
been smashed. Please wait for a few days for the judgement.
9. I am aware of what happened on Sunday in Delhi for the SBI
recruitment
exam and I guess your outburst is because of that.
10. Other Banks have recruitment exams in September I am told and we
need
too stop this problem now.
11. Just for everyones knowledge I confronted the person who made the
50%
rule and I heard something we should all hear.Many of the examinees who
sit for exams get their writers not only to take down what they dictate
but also to write from their own personal knowledge. The sympathy
created
by the visually challenged person ends up in cheating. The examinee
thinks
that the matter is over with the exam but the writer is upset because
he
wanted to help but now he feels dirty and used. This was the personal
experience of the 50% rule maker and I tend to believe the experience.
Yes I will get to hear from all of you that you have never cheated and
never used your writers in such a way and that sighted people also
cheat
etc........ I have always maintained that every single one of us is an
ambassador for the whole visually challenged community. It should not
be
but it is. Lets not argue on this point but learn our lessons. Also if
we
see some of our friends mis using their writers then we must pull them
up
at that time.
12. From your mail I guess you are getting ready to go to court. Best
of
luck. Please do not wait for others, if you feel so strongly then
please
act. I would request you to share your information. When your Petition
is
ready kindly email it to me so that we stay in tandem.
13.For others who are still reading this mail-if there are any rules
regarding scribes/writers in your state please let me have it.
14. Please let me have the list of banks which are conducting their
recruitment exam in September
15. Now for academic interest -Did SBI not inform about this 60% rule
in
their forms, on their website etc. How then were so many people not
allowed to sit for the exam. Was this sprung on you at the last minute
or
was it decided earlier and our visually challenged friends did not
bother
to follow the rule. I need to know for the next course of action
against
SBI.
Kanchan
----- Original Message -----
From: "Amit Bhatt" <misterbh...@gmail.com>
To: <accessindia@accessindia.org.in>
Sent: Monday, July 25, 2011 10:49 PM
Subject: [AI] Preparation to file the petition against the
ScribeGuidelines.....
Dear all,
It is sad to know that the current disputed clause and Guidelines for
the
Scribe of Visually Impaired Examinees are issued by none other than
the
Office of the Chief Commissioner for Persons with Disabilities.
Our only concern is with that arbitrary clause which says that the
Scribe
should have less than 60% marks.
I do not need to go in detail at this time about the current rule and
how
it is arbitrary since we have already discuss this issue on the list
on
numerous occasion, however, it is more painful to say that we, the
members of the National Capital of India are still sitting silence. No
individual, no community or no NGO has come forward with full interest
to
fight against this unnecessary clause.
Anyways, it is a high time and I am trying to talk to individuals,
communities and NGO's in Delhi to help us in filing the petition in
the
High Court.
I will make my best efforts to make it happen but if any NGO or people
do
not come with us to support us, then am all setup to challenge this
rule
of Scribe in the Delhi High Court. some of my Visually Impaired, who
are
also victim of this clause, are also ready to come forward for the
cause.
My purpose of writing this e-Mail is just to inform you and if anyone
of
you believe that you are also suffering and should jump in this
battle,
then please write me or call me for further planning.
We cannot wait any more for someone to come and fight for us. After
all
the authorities are not suffering or confronting such problem, but ask
that candidate who really doesn't get the Scribe with less than 60%
marks
at this current competitive time.
Like many other Visually Impaired, I am also paying for that mistake
which CCPD has made couple of years back. I have no hesitation to say
that the people who never gone through the examinations for the jobs,
and
therefore they didn't find any Scribe for themselves, have decided the
fate of the Visually Impaired examinees of India and framed out the
norms
of Scribe with less than 60% marks! And we are still sitting in the
lull!!! no, but it won't happen any more, we cannot afford to lose
this
battle in absence of support of others.
We will go to court at the earliest possible time, so please express
your
opinion, and if interested, support us for this petition.
Warm regards,
Amit Bhatt
Senior Executive - Reservations
Far Horizon Tours Pvt. Ltd. India
www.farhorizonindia.com
Ph-Off: 91 129 4098000 (Main Board) | 91 129 4098040 (Did) | 91 129
4098098 (F)
Direct Cell: 91 9560175887
List manager - SayEverything, an International mailing group dedicated
to
persons with disabilities
http://www.sayeverything.org
IM: champion_bh...@yahoo.co.in
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Skype: amitbhattindia
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