---------- Forwarded message ----------
From: AICB <aicbdelhi.110...@gmail.com>
Date: Sat, 17 May 2014 16:55:38 +0530
Subject: Press release:Activism of the Blind Triumphs Once Again, Jobs
for Many Visually Impaired in Delhi Schools
To: accessindia@accessindia.org.in
All India Confederation of the Blind Press ReleaseNew Delhi
May
17, 2014
Activism of the Blind Triumphs Once Again, Jobs for Many Visually
Impaired in Delhi Schools and More Powers to the CCPD, a Path-breaking
Intervention of the Delhi High Court and Chief Commissioner for
Persons with Disabilities
The Persons With Disabilities Act was passed in 1995, but even after
more than 18 years, the Government Ministries and Departments at times
appear unwilling to comply with its provisions and grant the blind and
the low vision their rights as per the provisions of this Act. AICB,
which has frequently filed cases at the appropriate forums to ensure
these rights of the visually impaired, filed yet another case in the
Delhi High Court when various departments of the Delhi Government did
not provide reservation to the blind on more than 3700 vacancies
pertaining to two posts, namely, that of Special Educator and Computer
Teacher. As reported earlier, the Delhi High Court, after hearing
arguments of our lawyer Mr. Deepesh Aneja and the lawyer in another
similar matter, passed an important order on 8th May, 2014 ruling that
the post of Computer Teacher in schools is deemed to be identified for
reservation and appointment of the visually impaired.
Equally important is the fact that the Delhi High Court pronounced an
empowering interpretation of Section 58 of the Persons With
Disabilities Act and stated that the Chief Commissioner for Persons
With Disabilities is a “Statutory body” who has the powers to “Ensure
that the rights made available to persons with disabilities are given
effect to. Meaning thereby, those who are subject to the provisions of
the Act are to be made accountable for their acts and if it is found
that an organization is not implementing the provisions of the Act the
said organization be compelled to do so”.The judgment further goes on
to state “this would mean that the Chief Commissioner for Persons with
Disabilities has the statutory power to ensure that such posts which
are identified for reservation concerning visually differently abled
persons are filled up from the said/category of persons”.While
referring the two petitions in reference for final adjudication to the
Chief Commissioner for Persons with Disabilities, The High Court
directed that the CCPD would dispose of the matter in three days time
and his orders would be complied with by all concerned without
“demur”.
As per these directions, the Chief Commissioner for Persons With
Disabilities held the hearing of this case on 12th May, 2014 with the
courtroom filled to capacity. The final orders were passed by the CCPD
on 15th May, 2014 directing the Delhi Subordinate Services Selection
Board and the concerned departments of the Delhi Government to reserve
1% vacancies for the blind and the low vision on the two posts (among
others) in reference, that is the Special Educator and Computer
Teacher. Directions have also been given to issue a corrigendum and
re-open the application process in respect of these posts so that the
visually impaired persons can apply on both reserved and unreserved
vacancies relating to the posts in reference.
It is pertinent to mention that many visually impaired persons had
approached AICB after the denial of reservation on these posts as it
meant denial of jobs for scores of blind and low vision persons. This
important judgment will ensure equitable reservation for visually
impaired persons in recruitments, create substantial job opportunities
for them in the recruitment process which has been challenged by AICB
and, also provide much needed teeth to the Chief Commissioner for
Persons with Disabilities to enforce his directions. Also, in similar
instances, this judgment would prove to be very useful in various
states. For more information, the Secretary General of AICB, Mr. J.L.
Kaul or the undersigned may be contacted on their mobile numbers
9810684208 and 9871495050 respectively.
Dr. Anil K. Aneja.
Vice President, All India Confederation of the Blind.
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