Supposedly most progressive organ of government falls prey to the simplest and straightest dictum-Its easy to preach than practice! What are the requirements of the job, by the way, that disables the candidate from performing the duties in a proper way? Has this part got any mentioning in the verdict?
On 6/8/15, avinash shahi <shahi88avin...@gmail.com> wrote: > So what it all indicate: high-profile lawyers in the disability sector > are at unease while taking on Courts for not complying to the law. A > month ago, I read an article in the Bangalore Mirror that why Court > premises and functioning are inaccessible to the blind and nobody > raises questions. Perhaps our sector has sole hope from the judiciary > to arrest our woes,hence nobody takes on the guardian of the > Constitution. So lawyers are in a dilemma perhaps. > > > On 6/8/15, Mohib Anwar Rafay <mohibra...@gmail.com> wrote: >> High court may be right in its observation while dismissing the >> petition that the candidate didn't challenge the impugned circular of >> the government and participated in the recruitment process . However >> solely on this ground the relief to the petitioner can not be denyed >> anyways. Cirtainly the judgment is against the spirit of the principle >> of equality. Such judgment must be challenged in the supreme court. >> There are cirtain other states who don't allow visually impaired >> candidates even to appear in the recruitment process, such as Uttar >> Pradesh and Madhya Pradesh. However on my writ petition (Mohib Anwar >> versus UP public service commission and state of Uttar Pradesh), they >> allow me to appear in the examination along with the facility of the >> scribe, but they were not agree on the point of reservation to >> visually impaired aspirents in judiciary. >> >> On 6/8/15, avinash shahi <shahi88avin...@gmail.com> wrote: >>> This order is utterly disgusting: I contend even hundred per cent >>> blind is fit for a Civil Court judge >>> If this man approaches the Supreme Court and shows them evidences from >>> US, South Africa and UK where blind judges hold reputed posts in >>> Courts; I could hope that the highest Court of the land will pronounce >>> judgment in his favour. Our judiciary should shed its contradictory >>> approach while ensuring employment to persons with blindness. If a >>> blind could become a parliamentarian and join Indian executive then >>> there is no doubt he/she is equally competent to discharge his/her >>> duty as a Civil Court Judge. India's former CCPD was a blind judge and >>> exercised all rights as a Civil Court Judge. >>> http://timesofindia.indiatimes.com/city/chennai/Partial-blindness-shatters-mans-judge-dreams/articleshow/47578609.cms >>> >>> >>> A person suffering from 70% blindness has failed to secure the post of >>> a civil judge despite clearing the written examination and viva voce, >>> as the Madras high court ruled that visual disability of more than the >>> maximum permissible limit of 50% cannot be allowed for civil judges. >>> >>> Dismissing the writ petition of the aspirant V Surendra Mohan, >>> Justice V Ramasubramanian said, "Taking into account the nature of >>> duties to be performed by the civil judge, the government, in >>> consultation with the high court, had proposed to restrict the >>> applicability of the benefit of reservation only to those whose >>> disability ranges from 40-50%. If a person has not less than 40% >>> blindness, he becomes eligible for the benefit of reservation. This >>> fundamental and essential feature of the reservation is not taken away >>> by the proposed amendment. The proposed amendment, while not depriving >>> the benefit of reservation to those who come within the definition of >>> the expression 'person with disability', restricts it to those whose >>> percentage of disability, is 50% less. This cannot be termed as >>> nullifying the effect of the statute." >>> >>> Surendra Mohan, a partially blind person with the percentage of >>> disability at 70%, applied for civil judge post, and passed the >>> written examination. Since he was not included in the list of >>> candidates short-listed for viva voce, he filed the present writ >>> petition for inclusion in the interview list. >>> >>> The court first allowed him to participate in the interview and said >>> the result would be kept in a sealed envelope. But later it passed >>> orders in favour of declaring the result, in purview of a different >>> case. Surendra Mohan secured 178 marks out of 400 in written >>> examination, and 38.25 marks out of 60 in viva voce, it was revealed. >>> >>> A difficulty arose because a government order dated August 8, 2014, >>> had made it clear that the benefit of reservation for the physically >>> challenged is available only to those blind and deaf candidates whose >>> percentage of disability is 40-50%. >>> >>> S Vijay Narayan, senior counsel for Surendra Mohan, then assailed the >>> provision saying it sought to dilute the benefits available to >>> disabled people. Rejecting the submissions, Justice Ramasubramanian >>> further said it was too late to challenge the selection, because, "a >>> person, who participates in a process of selection, cannot later turn >>> around and question the prescription contained in the very >>> notification for recruitment." >>> >>> >>> -- >>> Avinash Shahi >>> Doctoral student at Centre for Law and Governance JNU >>> >>> >>> >>> Register at the dedicated AccessIndia list for discussing accessibility >>> of >>> mobile phones / Tabs on: >>> http://mail.accessindia.org.in/mailman/listinfo/mobile.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 >>> >>> >>> Disclaimer: >>> 1. Contents of the mails, factual, or otherwise, reflect the thinking of >>> the >>> person sending the mail and AI in no way relates itself to its veracity; >>> >>> 2. AI cannot be held liable for any commission/omission based on the >>> mails >>> sent through this mailing list.. >>> >> >> >> -- >> Mohib Anwar Rafay >> >> Phone: +919 555 555 765 / +9192 7879 0000 >> >> >> >> Register at the dedicated AccessIndia list for discussing accessibility >> of >> mobile phones / Tabs on: >> http://mail.accessindia.org.in/mailman/listinfo/mobile.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 >> >> >> Disclaimer: >> 1. Contents of the mails, factual, or otherwise, reflect the thinking of >> the >> person sending the mail and AI in no way relates itself to its veracity; >> >> 2. AI cannot be held liable for any commission/omission based on the >> mails >> sent through this mailing list.. >> > > > -- > Avinash Shahi > Doctoral student at Centre for Law and Governance JNU > > > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.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 > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > -- Umesh Kumar Mobile: +91 88-946 54-469 Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.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 Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
