strick action should be taken by court against to these kind of officers.
On 7/27/11, HARSHVARDHAN SINGH NEGI <harshvardhan.n...@gmail.com> wrote: > Same instructions should be followed in every exam whether it is banks or > DSSB ETC. > If VI community is not get up now then results are very very serious > regarding getting jobs in future. They are behaving like illiterate person, > The factual position is because at present time No employer is ready to take > VI persons. That is why they are behaving like this. > > Thanks > HS Negi > > ----- 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 >>>>>> >>>>>> Windows Live messenger: amitbhattde...@hotmail.com >>>>>> >>>>>> Skype: amitbhattindia >>>>>> >>>>>> "A Player that makes a team great is more valuable than a great >>>>>> player" >>>>>> 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 >>>>>> >>>>>> >>>>> >>>>> >>>>> 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 >>>>> >>>> >>>> >>>> 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 >>>> >>>> >>>> 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 >>>> >>>> >>> >>> >>> 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 >>> >> >> >> 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 >> >> > > 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 > > > 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 > > > 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 > > 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. 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