Any idea what happened on 2nd November?
Any other information?
Kanchan Pamnani
Advocate & Solicitor
9, Suleman Chambers,
Battery Street, Colaba,
Mumbai - 400 039.
----- Original Message -----
From: "Vikas Kapoor" <dl.vi...@gmail.com>
To: "Access India" <accessindia@accessindia.org.in>
Sent: Tuesday, September 25, 2012 5:22 PM
Subject: [AI] CCPD notice regarding framing of policy for providing
scribesto blind students and candidates for employment
Ministry of Social Justice & Empowerment f^^TeracTT c^tf
fcffiFT/Department of Disability Affairs
Notice of Complaint to Show Cause & Hearing
Case No. 3929/2007
Dated: 21.09.2012
In the matter of:
Shri Gopal Sisodia
General Secretary
Indian Association of the Blind
154/C, Delhi Administration Flats
Sindhoran Kalan, Delhi-110052
Complainant
Versus
Ministry of Social Justice & Empowerment Department of Disability Affairs
Government of India Through Secretary Shastri Bhawan, New Delhi
Case No.65/1041/12-13
In the matter of:
Score Foundation
Through Shri George Abraham, CEO,
17/107, LGF, Vikram Vihar,
Lajpat Nagar-4,
New Delhi-110024
Versus
Ministry of Social Justice and Empowerment Department of Disability
Affairs Government of India Through Secretary Shastri Bhawan, New Delhi
Respondent
Complainant
Respondent
...2.....
Whereas the above named complainant filed a complaint dated 13.05.2007
(copy enclosed) under the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995, hereinafter
referred to as the 'Act', regarding issuance of Comprehensive policy for
conduct of written examinations for persons with disabilities;
2. And whereas vide letter dated 31.07.2012 (copy enclosed) a
complaint dated 06.06.2012 (Case No.65/1041/12-13) received from Score
Foundation was also forwarded to the Department of Disability Affairs with
the request to issue the guidelines within one month's time from the date
of that letter incorporating the suggestions contained in the letter of
Score Foundation dated 06.06.2012;
3. And whereas expressing his utter disappointment over inaction
on the part of Department of Disability Affairs, Ministry of Social
Justice and Empowerment, Govt, of India, in respect of the matter, Shri
George Abraham of Score Foundation vide his said letter dated 06.06.2012
had forwarded a set of uniform guidelines for conducting examinations
(practical and/or theory) for persons with blindness and low vision which
he claims have been put together by a group of non-governmental
organisations and which according to him enjoy the support of over 70
organisations across the country.
4. And whereas it is common knowledge & experience that persons
with disabilities, including persons with blindness and persons with low
vision continue to suffer untold hardship and irreparable loss in the
absence of uniform guidelines/norms for conduct of all kinds of
examinations including those relating to academics and recruitments;
5. And whereas different, dissimilar and sometimes unreasonable
sets of guidelines/norms are followed by some Universities, Boards of
Education, Central & State Public Service Commissions and other
establishments etc.;
6. And whereas many establishment do not follow any
guidelines/norms in respect of the examinations (both academic &
recruitment related);;
7. And whereas this Court continues to receive any number of
complaints every now and then, more particularly from persons with
blindness and persons with low vision regarding denial of the facility of
amanuensis/scribe as mandated under Section 31 of the said Act and/or
grant of extra time to persons with disabilities during examinations;
8. And whereas more than 16 years have elapsed since the said Act
has come into force in the whole of India except the State of Jammu &
Kashmir;
9. And whereas this matter continues to hang fire with the
erstwhile Disability Division, now Department of Disability Affairs,
Ministry of Social Justice and Empowerment, Govt, of India for a
disproportionately long period of time despite explicit references made to
it by this Court from time to time in the past;
....3....
10. And whereas absence of uniform, fair & reasonable norms for
conduct of examinations (both academic & recruitment related) for persons
with disabilities not only runs counter to the letter & spirit of the said
Act; but absence of such guidelines/norms is also against the established
and recognised norms of propriety & natural justice;
11. And whereas, now Department of Disability Affairs and erstwhile
Disability Division, Ministry of Social Justice and Empowerment neither
issued any guidelines/norms to all concerned nor did it even respond to
the various communications that have been sent from this Court to it from
time-to-time over the last four years or so except a very recent response
to this Court's letter No.3929/2007 dated 04.09.2012;
12. And whereas these guidelines/norms have not been forthcoming
despite this Court letter dated 12.01.2012 and 04.09.2012 respectively
addressed to Joint Secretary (DD), Ministry of Social Justice and
Empowerment;
13. And whereas it is a well known principle of law that justice
delayed is justice denied; and that justice should not only be done but
should also appear to have been done;
14. And whereas a large number of complaints received in respect of
the matter are from persons with blindness and from persons with low
vision, and, they pertain to refusal to allow a proper scribe or any
amanuensis/scribe at all; refusal to grant extra time; refusal to allow
such persons to use computers for writing in the examinations; refusal to
allow persons with low vision to use low vision aids such as electronic
aids, magnifiers etc.;
15. And whereas the Department of Disability Affairs, Ministry of
Social Justice and Empowerment, Government of India vide their D.O.
No.16-110/2003-DD.III dated 13.09.2012 in response to this Court's letter
No.3929/2007 dated 04.09.2012, without giving any definitive and defined
time frame within which the finalisation, adoption and circulation of the
policy/comprehensive guidelines for conduct of examinations (both academic
and recruitment related) for persons with disabilities despite the fact
that the matter has been pending with the erstwhile Disability Division
now Department of Disability Affairs, Ministry of Social Justice and
Empowerment, Government of India for more than four years;
16. And whereas it is understood that the erstwhile Disability
Division now Department of Disability Affairs, Ministry of Social Justice
and Empowerment, Government of India did undertake consultations in the
past;
17. And whereas it will be absolutely prejudicial to the interest of
persons with disabilities to allow the matter to continue to hang fire;
18. And whereas the Department of Disability Affairs, Ministry of
Social Justice and Empowerment, Govt, of India is the Nodal Department for
coordination of implementation of the said Act, the United Nations
Convention on the Rights of Persons with Disabilities which India has
since ratified, and also for implementation of various other disability
related schemes;
....4....
19. And whereas as per Section 59 (a) of the Act, Chief Commissioner
may of his own motion or on the application of any aggrieved person or
otherwise look into complaints with respect to deprivation of rights of
persons with disabilities;
20. And whereas Section 63 of the said Act says as under:-
(1) The Chief Commissioner and the Commissioners shall, for the purpose
of discharging their functions under this Act, have the same powers as are
vested in a court under the Code of Civil Procedure, 1908 while trying a
suit, in respect of the following matters, namely :-
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any court or
office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or documents.
(2) Every proceeding before the Chief Commissioner and Commissioners
shall be a judicial proceeding within the meaning of section 193 and 228
of the Indian Penal Code and the Chief Commissioner, the Commissioner, the
competent authority, shall be deemed to be a civil court for the purposes
of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
21. And therefore, as directed by the Chief Commissioner for Persons
with Disabilities, take this show cause notice and explain as to why the
Department of Disability Affairs, Ministry of Social Justice and
Empowerment, Govt, of India, should not be directed to finalise, issue &
circulate to all concerned comprehensive and uniform guidelines/norms for
conduct of all examinations (both academic & recruitment related) as soon
as may be keeping in mind, among other things, the suggestions of the
complainants; and, pending finalisation, issuance and circulation of such
comprehensive guidelines/norms, to circulate to all concerned the proposed
guidelines/norms submitted by Score Foundation vide their letter dated
06.06.2012 for persons with blindness and persons with low vision and
evolved by several organisations including Score Foundation on or before
20.10.2012 under intimation to this Court. The respondent department's
reply should also explain reasons for the inordinate delay in
finalisation, issuance and circulation of such comprehensive and uniform
guidelines/norms for all persons with disabilities.
22. The Chief Commissioner for Persons with Disabilities has further
directed the respondent Department to appear before the Court of the Chief
Commissioner for Persons with Disabilities in person or through a
representative (not below the level of Group 'A7Class-l officer) or a
counsel well versed with the case and with all the related documents on
02/11/2012 at 3.00 p.m. to present the case unless uniform and
comprehensive policy for conduct of all kinds of examinations for all
persons with disabilities is duly finalised and notified before that date.
End.: As above
Sd/-(T.D. Dhariyal)
Dy. Chief Commissioner
Vikas Kapoor,
MSN Id: dl_vi...@hotmail.com, Yahoo&Skype Id: dl_vikas,
Mobile: (+91) 9891098137.
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