Mr Asudani please read your previous message, which reads as
"So, they should not call the post a computer instructor, rather they
should call it a callboy/call girl!!!!" and then
"Yes, fundamental rights are violated. You cannot preclude a VI from
contesting for the job"
According to you I need a crash course in Indian laws, for your kind
information I have already completed my 5 year law degree in Indian
laws and currently pursuing master of laws thats too in Indian laws
here at the top university of India, however, this is other thing that
I have already completed M.Phil in international law.
Tell me one thing how many days gone, you have not studied
constitutional law? However you have corrected your mistake in very
next message because you wrote your above mentioned message in hurry
and with out giving any second thought that what do you want to write!
I think you need to refer Article 12 of Indian constitution which
defines that which enctities are states and against whom fundamental
rights can be claimed. So you are a supreme court judge here who is
claiming that scope of Article 12 is expanding and such agencies
should also be included under the ambit of Article 12 so that Article
13(2) could be invoked!
Prove that these private organizations can be covered under the head
of states, I asure you I will go to Delhi High court under a petition
against these private organizations.
As you might be aware that most of the fundamental rights, in case
these have been violated, are claimed against the state and its
instrumentality and not against the private bodies. Article 12 has
defined that what can be included under the state.
the state include, the government and parliament of india, the govt
and legislature of the state, all local authorities and other
authorities. the action of any of these can be challanged in high
court or in supreme court.
The term other authorities, has not been defined, however supreme
court has developed the concept of instrumentalities of the state to
make it clear.
Here the test which could determine the nature of instrumentality is
funding and control, such as whether major or entire share capital is
held by the govt. is govt is involved in carrying the function and
making the policies?
Is the administration of the body in the hands of the directors
appointed by the government and are they subject to government control
in the discharge of their functions? Whether the operation of the
corporation is an important public function closely related to
governmental functions?
A private educational institution, even if it is recognised by, or
affiliated to, a university, cannot be regarded as an instrumentality
of the government for purposes of Article 12. What is necessary here
that the control of functions of the authority, the government should
be in a position to give directions to the authority to function in a
particular manner .
so finally in various cases the court has now laid down the principles
that "The question in each case would be-whether in the light of the
cumulative facts as established, the body is financially, functionally
and administratively dominated by or under the control of the
government. Such control must be particular to the body in question
and must be pervasive. If this is found then the body is a state
within Article 12, On the other hand, when the control is merely
regulatory whether under statute or otherwise, it would not serve to
make the body a state".
So Mr Asudani, explain here that whether any fundamental right of any
visually impaired has been infringed, I hope you remember your
constitutional law classes, if you have attended , and I hope you
attended those.
You are respectable member but I am surprised that how can you write
this foul language that it should be called as post of call boy or
call girl? Do you have some privy animosity with the NAB general
secratary?
@Himanshu, do you consider that this private organization is under an
obligation to show that they have genuin appointment? Let me tell you
they are not answerable to your lordship. I think that it has all
right even to appoint a person even with out advertisement if they
have in their mind a most suitable candidate, therefore don't follow
your whimsical persuasion. Why is there such a hue and cry? better
apply your steam at the place where visually challanged community
really need to be dispensed!
On 5/21/13, Zujar Shabbir Kanchwala <zujarbri...@gmail.com> wrote:
I fail to understand why people from the VI community itself are
trying to establish legimacy of the organization publishing such a
discrimitory advertisement. Why do some of us want to believe that
every such initiative is genuine?
I am into software development for some time now and have been a
trainer for sighted and visually challenged people in different
setups. The training centers generally hire hardware and networking
guys to troubleshoot and handle such issues. These are neither
supposed to be looked into by trainers, nor do they have sufficient
access and privileges to do so. A trainer is supposed to conduct
theory and practical sessions, review course content, conduct tests
and assess performance, guide students to complete assignments,
provide technical assistance, solve queries and doubts raissed by
students, maintain attendance and general discipline, wat other work
is he/she expected to do?
Some of us believe that all VI do not perform well in a corporate
environment. Let me and the list members know if all sighted people
are at par. Everyone is good at some things and needs to improve on
others. We need to understand that it is not at all necessary that if
one VI can do something then all VI can do it or if one VI cannot do
something then all VI cannot. Everyone can perform according to his
abilities, education, environment, encouragement, determination,
motivation and several other factors.
We may not have chhallenged appointment of people on various posts in
the past but awareness is the key. At least now that we are aware that
something is unjust and against the interests of our fellow job
seekers, we should support them. We cannot go on accepting any such
discrimination without challenging it if we think of making the
society inclusive.
Lastly, I'm sorry for the typos in the previous posting as I sent it
using my phone while travelling.
On 5/21/13, Himanshu Sahu <sahu.himanshu2...@gmail.com> wrote:
Dear Zoher,
May be the qualification B.A. is fixed keeping in mind any particular
person whom they have already decided to employ. And the for the sake
of establishing the genuineness of recruitment, this fake
advertisement is published!
Well, this is an old and very effective method applied by peoples and
organisations, government departments etc., for benefitting their near
and dear once.
On 5/20/13, yusuf abbasi <yusuftajma...@gmail.com> wrote:
--
Mobile 08010663328
09268704236
Hi Friends!
There is a job for computer teacher in National Association for the
Blind Faridabad in Haryana State Branch.
NAB Faridabad is looking for female computer teacher for teaching
visually impaired students.
NAB Faridabad conducts six months computer training for visually
impaired students.
In this training, they teach Microsoft Word, Microsoft Excel, Internet
and Windows etc.
anyone can apply except visually impaired person.
Requirements: Educational Qualification B.A.
Technical Qualification: Diploma or six months certificate etc.
Good English
Salary: 7000 to 10000 and according to performance.
Contact: 08010663328
E-mail: yusuftajma...@gmail.com
Contact soon
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Thanks and regards
Himanshu Sahu
Reach: 09051055000
Skype: himanshu.cute4u
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